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The Minister of the Environment, Ricardo Salles, will not be dismissed for administrative irregularity. The MPF (Public Ministry of the Federation) had requested sanctions from Salles, alleging that he did not comply with the constitutional duty to protect the environment. But judge Márcio de França Moreira, of the Eighth Federal District Court, issued an opinion saying that “there is no complete evidence” to prove the charge.
In July this year, 12 state prosecutors asked for punishment. They argued that, “through actions, omissions, practices and speeches, the Minister of the Environment promotes the destruction of environmental policies and the emptying of legal precepts, by favoring interests that are not related to the purpose of the portfolio he occupies” .
The 12 prosecutors wanted the minister to be dismissed on a preliminary basis and sentenced him to the penalties provided by the law of administrative impropriety, such as loss of public service, suspension of political rights, payment of a fine and prohibition of contracting with the government and receiving benefits . and tax or credit incentives.
But Márcio de França Moreira understood that the temporary dismissal of a minister can only occur if there is already evidence that he is committing an administrative irregularity. In other words, in the judgment of the judge, you cannot be removed from office to conduct investigations.
“Law No. 8,429 / 92 does not allow the request for removal of a temporary public servant as a form of anticipation of the definitive guardianship (penalty of termination of office), nor as a preventive measure against the commission of new acts of impropriety,” he stated Márcio.
Later, the judge criticized the arguments of the MPF prosecutors, saying that they are “vague” and do not prove the inappropriate conduct of Ricardo Salles.
“The Federal Public Ministry does not present any element that demonstrates the possible shame of the Minister of State at the instruction of this civil action of administrative impropriety, basing its arguments solely on the damage caused to the environment by the policy undertaken by the current government. any relevance to the procedural institute provided for in Article 20, sole paragraph, of Law No. 8,429 / 92. The request of the Public Ministry of the Federation, without evidence of possible interference by the Minister of State in the development of the process and with vague arguments about the threats of the accused to the officials of the agency, totally misrepresents the purpose of the institute provided for in article 20, sole paragraph, of Law No. 8,429 / 92, and reveals a clear intention to anticipate the effects of a possible sentence condemning the loss of public office, a pity that does not even admit provisional compliance. (…) Indeed, there is no clear proof of the behavior of the accused (Ricardo Salles) that compromises the progress and the procedural instruction, “concluded Márcio.
