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Santa Catarina state deputies voted in favor of continuing the impeachment process against the state governor, Carlos Moisés da Silva (PSL). The vote took place in an extraordinary meeting of the Legislative Assembly of Santa Catarina (Alesc) on Thursday night (17). There were 33 votes in favor of the procedure, six against and one abstention. Despite the result, the governor was not removed, as there are still other steps in the process, such as the mixed committee of judges (see below).
The request for the removal of him and the lieutenant governor, Daniela Reinehr (no party), became official in July and points to the suspicion of a crime of responsibility in the salary increase granted to state prosecutors in 2019. The governor’s defenses and lieutenant governor deny that there was a crime of fiscal responsibility.
The session took place from 7pm to 8:43 pm. Earlier, in another extraordinary meeting of Alesc, the deputies voted in favor of continuing the impeachment process against the lieutenant governor. The session related to it took place from 3pm to 7pm. There were 32 votes in favor, seven against and one abstention.
How each deputy voted in the analysis of the continuation of the accusation process against the governor, Carlos Moisés – Photo: Reproduction / Alesc
How each deputy voted in relation to the request for impeachment against SC Vice Governor Daniela Reinehr – Photo: Playback / Alesc
The session took place in person, with the participation of some deputies for virtually various reasons, including a parliamentarian diagnosed with Covid-19. The lieutenant governor followed the vote in Alesc itself. Moses was not present at the assembly.
As a result of these two votes, the deputies authorized the opening of proceedings for a crime of responsibility against Moses and Reinehr.
In case of removal of the governor and vice president, the president of Alesc, the deputy Julio García would be the first in the line of succession to assume. This week he was denounced by the Federal Public Ministry (MPF) for money laundering in Operation Alcatraz. The complaint is analyzed by the Federal Justice and, if it cannot assume it, the president of the Court of Justice of Santa Catarina (TJSC), Judge Ricardo Roesler, temporarily assumes the position.
In a note, the governor said he regrets Alesc’s decision. “The haste with which the president of the state Parliament took the matter to the plenary session reveals only the political interests of those who seek power for personal purposes and do not respect the vote of Santa Catarina, undermining democracy.” He also said that “the claim is based on a fragile argument that does not have a just legal cause, nor does it present any irregularity practiced by the governor, as already determined by the State Public Ministry and the State Court of Accounts.”
Extraordinary voting session on the impeachment process against the governor of SC, Carlos Moisés – Photo: Diorgenes Pandini / NSC
After the vote against Reinehr, his lawyer, Ana Blasi, said that “what has become very clear is a huge resentment of the parliament towards the governor. Many deputies spoke about it, which were not addressed, [Moisés] been to their regions and did not invite them, many complaints about the way they were treated. Nobody spoke of the crime of responsibility. We are very sure and convinced that he did not commit any crime that would justify a political trial ”.
With the continuation of the accusation processes, Alesc will now form a mixed committee of judges made up of five deputies, five judges and the president of the Santa Catarina Court of Justice (TJSC), Ricardo Roesler, who has a tiebreaker, if necessary.
SC Vice Governor Daniela Reinehr arrives at Alesc to follow the vote on the impeachment process against her – Photo: Diorgenes Pandini / NSC
Witnesses and defenses will be heard by this group, which can reject the request for impeachment and present or accept it. If accepted, the governor and the deputy are removed for 180 days. If the entire impeachment process is completed this year, new elections must be held.
Moses appealed to the Federal Supreme Court (STF) last week to clarify what steps should be taken in an impeachment process against a state governor. The rapporteur for the action is Minister Rosa Weber. The decision may affect the course of the process in Santa Catarina.
The extraordinary meeting with the vote related to Moses began shortly after 7 pm and each party had one hour to speak in plenary. However, not everyone took advantage of this opportunity. Then the deputies spoke the votes into a microphone.
The session related to Reinehr was the same. However, before the parties could raise their voices, the lawyers for Ralf Zimmer Júnior, the public defender who made the complaint against the governor and the deputy, and the defenses of Reinehr and Moses were able to intervene in plenary. Each had 15 minutes.
Afternoon session on Thursday (17) decides to proceed with the impeachment process of the governor and vice president in SC – Photo: Diorgenes Pandini / NSC
The first lawyer who intervened was Leandro Maciel, from the defense of Ralf Zimmer Júnior, who made the complaint against the governor and vice versa. Maciel reported that “Dr. Ralf presented these facts to me. He asked my opinion, we went for coffee. I analyzed the documents and said immediately that it was justified. We talk again. I didn’t believe what I was seeing, reading. Something that could have been born in a house to defend the interests of the state, and not the state-government ”.
Then, lawyers Ana Blasi and Salomão Antônio Ribas Júnior, from the defense of the deputy governor, took the floor. Blasi stated that Reinerh did not commit any crime. “Crime requires materiality, requires a criminal offense. What she did? She was in office in January for 10 days. Got a letter, made progress. When she returned to work, she was no longer in office. It would be a liability if the entire government plan was changed. Then, I would be committing irresponsibility, “she said.
The last lawyer to speak was Marcos Probst, from the governor’s defense. He described the accusation against Moisés as “fragile”, since, according to him, the governor complied with a judicial decision to pay the prosecutors, as recommended. “Thirteen state prosecutors expressed the need to comply with the court order,” Probst said. It also pointed out that the Secretary of State for Administration determined the execution of the order of Justice. “As it usually happens, as in many other court decisions. What act did the governor perform? ”He asked the deputies.
The lawsuit against Moisés and Reinerh is justified by the suspicion of a liability crime committed by granting a salary increase to state prosecutors, by 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.
On Tuesday (15), the special commission that analyzes the prosecution process approved the report with the request unanimously. The target, in addition to Moisés and the deputy, was also the former Secretary of Administration, Jorge Tasca, but he requested exoneration and was withdrawn from the process.
In case of removal of the governor and vice president, the president of Alesc, the deputy Julio García would be the first in the line of succession to assume. This week he was denounced by the Federal Public Ministry (MPF) for money laundering in Operation Alcatraz. The complaint is analyzed by the Federal Justice and, if he cannot assume the position, the president of the Santa Catarina Court of Justice (TJSC), Judge Ricardo Roesler, temporarily assumes the position.
There is a second withdrawal request related to the purchase of respirators and the hiring of field hospitals in process at Alesc and a third request is being analyzed, the result of the Parliamentary Investigation Commission (CPI) that investigated the purchase of respirators.
This session is the first in plenary and is not decisive. If the removal is approved, a commission made up of deputies and judges will analyze the continuation of the process.
Political accusation: the deputies decide today in plenary session whether the process continues or is closed
In note to G1 the day the report is approved, The defense of the governor says that the approval “tarnishes” the history of Alesc and that it believes that the deputies, in plenary session, archive the indictment process.
“The defense of Governor Moisés understands that said Report violates the Federal and State Constitutions, since it distorts the facts narrated in the complaint, ignores the decisions of the State Public Ministry that prove the absence of an illegal act and disparages the vote of the people of Santa Catarina, attacking democracy. Thus, the beautiful and honorable history of ALESC is tarnished, “says the note.
Daniela’s defense attorney told the G1 that the documents used in the application are not sufficient to prove a liability offense. “The defense remains very sure that there was no crime of responsibility and trusts that the vote in full will ratify this understanding,” said Ana Blasi. G1.
Anderson Silva and Renato Igor discuss impeachment vote
In Alesc, there are two pending impeachment cases against Moses and the request for a third was delivered a week ago. The most recently accepted impeachment process demands the removal of the governor and the vice for the purchase of 200 artificial respirators and the attempt to contract a field hospital in Itajaí, in the Valley. The complainants are 16 people, between lawyers and businessmen.
The most recent request made a week ago and which is still under analysis is based on the report of the Parliamentary Investigation Commission (CPI) that investigated the purchase of 200 respirators with an advance of R $ 33 million. The deputies understood that the government was silent.
In an interview with NSC TV last week, Santa Catarina Governor Carlos Moisés da Silva (PSL) said there is no reason for impeachment. He said that a “will to change government” is behind the two indictments against him and the deputy in the Legislative Assembly.
He also denied knowing how the 200 respirators were purchased, which was later investigated at CPI, and said he believed he had enough votes in Alesc to avoid being recalled.
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