Judgment of the court of first instance on Friday to accept request for impeachment against Moisés and vice | St. Catarina

The request for removal of the governor and vice president became official in July and points to the suspicion of a crime of responsibility in salary increase awarded to state prosecutors in 2019.

How The defenses of Moses and Reinehr deny that there was a crime of fiscal responsibility. In May, the State Court of Accounts (TCE) ruled that the payment of the increase to prosecutors should stop.

According to Alesc, the session will be opened by the president of the court of first instance, Judge Ricardo Roesler, who is also president of the Santa Catarina Court of Justice (TJSC).

Then there will be read the report conducted by Congressman Kennedy Nunes (PSD), who was called to be the stenographer of the trial court. Then, it will be the turn of the attorneys for the prosecution and defense of Moses and Reinehr. Each one will have 15 minutes.

Shortly after, the rapporteur will reveal the vote, if he thinks the complaint should be accepted or filed. Then the other members of the court will discuss the matter. They can request further clarification., which can result in five-day hearing request. If this occurs, the voting on the report will be postponed for another session and the president of the court will fix the new date.

After the discussion, each member of the group says the vote. For the complaint to be accepted or filed, a simple majority is required, of at least six votes. In the event of a tie, the president of the tribunal will cast the casting vote.

Case a the claim is not received by the court, the case is closed and closed. However, If accepted, a lawsuit against politicians will be started, which must be done within 180 days by the same court made up of deputies and judges. If this deadline is exceeded, Moses and Reinehr will return to their positions.

There is a possibility that the complaint will be accepted only against one of them. In this case, only one of the politicians is eliminated.

If they are removed from office, Moses and Reinehr lose a third of their salaries, which will be returned if they are acquitted in the next step. However, if they are found guilty at trial, they both lose their positions permanently.

If the complaint against the governor and the lieutenant governor is accepted, who The government of Santa Catarina assumes on an interim basis is the president of Alesc, deputy Julio García (PSD). The politician was denounced twice this year by the Federal Public Ministry (MPF) for money laundering in Operation Alcatraz. The complaint is analyzed by the Federal Court. If he cannot assume the position, the interim would be the president of the TJSC, Ricardo Roesler, who also presides over the court of first instance.

In a note, Moisés’ lawyer, Marcos Probst, affirmed that “the defense relies on the technical decision of the Special Court collegiate, in light of what the Democratic Rule of Law defends, based on current legislation and the facts and constant evidence of the process, which, in the understanding of the defense, do not authorize the continuation of the prosecution process, nor the dismissal of the Governor and Deputy Governor of the State, democratically elected by Santa Catarina and subject to a process that has its origin on political party issues “.

Reinehr’s defense attorney, Ana Blasi, told the G1 notes that “although the impeachment is a political / legal process, the defense relies on a technical analysis that confirms the lack of materiality and atypicality of the deputy governor’s conduct, since she did not carry out any act that reveals political gravity capable of authorize the drastic and traumatic loss of the position for which she was elected. ”

What is this impeachment request about?

The request against the governor and the vice is justified by the suspicion of a crime of responsibility committed by granting a salary increase to state prosecutors, through an administrative decision, in order to match their salary with that of Alesc’s prosecutors.

The readjustment occurred last year. The author of the document is public defender Ralf Zimmer Júnior. According to him, the readjustment should have been made through the approval of a bill in the assembly.

Who is in the court of first instance?

The members of the trial court were elected on September 23. In the Court of Justice of Santa Catarina a lottery was held for the selection of the five judges. The names defined were those of Judge Cláudia Lambert, Judge Rubens Schulz, Judge Sérgio Rizelo, Judge Carlos Alberto Civinski and Judge Luiz Felipe Siegert Schuch.

In Alesc, there was a vote. The selected deputies were: Kennedy Nunes, Laércio Schuster (PSB), Luiz Fernando Vampiro (MDB), Maurício Eskudlark (PL) and Sergeant Lima (PSL).

What happens if the claim is accepted by the trial court?

If the complaint is accepted by the court of first instance, a second stage occurs, that of the trial. In it, the complainant or his lawyer must present the prosecution witnesses within 48 hours. Then Moses and Reinehr’s defenses will have equal time to present the list of mishaps and the defense’s witnesses.

Then, the president of the court may request that some point be investigated further and must set the date for the trial session, which must take place in the Alesc plenary session.

If Moses and Reinehr are acquitted in the trial vote, they return to office and receive the third of their salary deducted from them. However, if the members of the court vote for the conviction, both lose their positions and are disqualified from the exercise of public function. The conviction can only take place with a minimum of seven votes.

How did the complaint get to the court of first instance?

Alesc’s request for impeachment was accepted on July 22. Eight days later, the assembly officially opened the case. A special commission was created within Alesc to analyze the complaint. The chosen speaker was Luiz Fernando Vampiro.

On September 15, the commission voted unanimously to approve the report and proceed with the complaint. The target, in addition to Moisés and the deputy, was also the former Secretary of Administration, Jorge Tasca, but he requested exoneration and was removed from the process.

The next step was the vote on this report in the Alesc plenary by all the deputies, which took place on September 17. First, the complaint was voted against the lieutenant governor, then in relation to the governor. In both cases, the deputies chose to continue with the impeachment process. After this stage, the court of first instance was formed and the current situation was reached.

Other requests for impeachment

The governor is the subject of a second request for impeachment, related to the purchase of 200 respirators by the state government for R $ 33 million without a tender. This second process was approved by the Alesc plenary session on Tuesday (20) and will now have the formation of a court of first instance. The vice was removed from the complaint.

A third request for impeachment against the governor was delivered by Respirators CPI to Alesc on September 8. According to the assembly, this document was under analysis until the publication of this report. A fourth request, made by state deputy Ivan Naatz (PL), is also analyzed.

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