Mixed Court forms majority to continue impeachment against Witzel | Rio de Janeiro

At 12:15 p.m., in just over two hours of session, six out of 10 members from the collegiate I had voted to accept the complaint, forming a majority.

Until the last update of this report, four members had not yet spoken.

Voted for continuity

1. State Representative Waldeck Carneiro, Rapporteur
2. State Representative Carlos Macedo
3. State Representative Chico Machado
4. Judge Fernando Foch
5. Judge José Carlos Maldonado de Carvalho
6. Judge Teresa de Andrade Castro Neves

The six also determined that Witzel should be deducted 1/3 of his salary. In October, the governor received R $ 14,621.33 – the forecast is that the net remuneration will fall to R $ 9,7 thousand.

There was division to force Witzel to leave the Palace of Laranjeiras, official residence of the governors of RJ. Chico Machado and Fernando Foch disagreed with their colleagues and voted to allow the former judge to remain in the palace; the vote was 4-2 on that issue.

Now, the process will move on to the testimony and evidence collection phase.

• The decision must be published within 10 days.
• Witzel has 20 more days to defend himself.
• When the defense is delivered, the president convenes sessions to hear the witnesses.
• The prosecution and defense can ask questions.
• In the end, the prosecution has up to 10 days to make final accusations.
• The defense also has 10 days to make final submissions.
• The final judgment is scheduled.
• If 7 or more members vote in favor of impeachment, Witzel is removed from office and loses political rights.
• In the event of impeachment, a mixed court decides how long the loss of political rights is worth.
• If the result is contrary to the accusation, Witzel resumes the position (provided that the 180 days of dismissal determined by the Superior Court of Justice have already ended).

The president of the Rio de Janeiro Court of Justice and the Special Mixed Court, Judge Cláudio de Mello Tavares said, before opening the session, at 10:05 a.m., that the accusation process will end in mid-January.

“In mid-January, we should have a final judgment,” said the President of the Court of Justice.

“The political trial was in Alerj. Here it is legal, technical and transparent. Society needs a quick response, ”said the judge.

Experience can delay the process

Mello Tavares noted, however, that the process could be delayed and Witzel will return to the office. The governor is “doubly removed”: once by the Superior Court of Justice, once by Alerj, both are 180 days old.

At this stage, common trial procedures will be adopted, such as taking testimony and collecting evidence.

The outgoing governor’s defense may challenge this evidence and request expertise. “But to defend this you have to justify it,” said the judge.

“After the documents are requested, we will meet in court and decide what evidence will be presented. If necessary, we will set a date to hear witnesses, analyze documents, “explained the president.

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