Federal Judge of the DF denies the MP’s request to dismiss Minister Ricardo Salles | federal District

The decision is signed by Judge Márcio de França Moreira, of the 8th Federal Court of the Federal District. The request for immediate removal had been made by the Federal Public Ministry (MPF), in an improper action against Salles, filed in July.

According to Moreira, the MPF did not demonstrate how keeping Salles in office could jeopardize the analysis of the lawsuit. The decision comes after Judge Ney Bello’s order for the removal request to be analyzed by the judge immediately.

The merit of the action must be judged by the 3rd Jury of the Federal Regional Court of the 1st Region (TRF-1), on the 27th.

For Moreira, the prosecutors did not provide evidence of possible interference by the Minister of the Environment in the development of the process.

The magistrate said the lawsuit has vague arguments about threats from Salles to public officials, which reveals a clear intention to anticipate the effects of a possible sentence to loss of public office.

“Only the effective demonstration of the obstacle created by the public agent to the procedural instruction, whose permanence in the workplace would be a facilitating element for the obstruction or concealment of evidence, would justify the measure of suspension and removal from public service, but Of the files, it is incontrovertible that the permanence of the public agent in the position of Minister of State for the Environment constitutes a threat to the investigation of this case.

In the lawsuit, the MPF lawyers affirm that “through actions, omissions, practices and speeches, the Minister of the Environment promotes the breakdown of environmental policies and the emptying of legal precepts, by favoring interests that have no relation to the purpose of the folder it occupies “.

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“If there is no precautionary removal of the accused from the position of Minister of the Environment, the exponential and alarming increase in deforestation in the Amazon, a direct consequence of the deliberate dismantling of public policies aimed at protecting the environment, can lead to the Amazon Rainforest to a ‘point of no return’, a situation in which the forest can no longer regenerate ”, defended the MPF when requesting its immediate removal.

The request was presented to the Federal Court of Brasilia, but the judge ordered it to be sent to the Judicial Section of Santa Catarina, because a similar request was already pending on the site. The MPF appealed and the judge, Ney Bello, determined that the action should remain in the capital.

In September, the MPF demanded a decision, claiming that keeping Salles in office would harm initiatives to preserve the environment. “The continuation of the accused Ricardo Aquino Salles as Minister of the Environment has brought, every day, tragic consequences to environmental protection, especially due to the alarming increase in deforestation, especially in the Amazon rainforest.”

On the occasion, Judge Márcio de França Moreira argued that there was no final decision on the jurisdiction of the Federal Court of Brasilia, and not that of Santa Catarina, to analyze the case. Therefore, he said that he could not analyze the request for removal presented by the MPF.

Then prosecutors turned to TRF-1 again. On Tuesday (13), Judge Ney Bello ordered the judge to review the request immediately. The magistrate understood that the requirements to grant the precautionary measure were met. However, he said that, before, the request had to be analyzed in the first instance.

“However, in order not to incur an undue suppression of the process, I believe that the application should be analyzed by the application of origin, which allows the competent judicial body to resolve it in a conflict of jurisdiction.”

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