TJSC and Alesc elect in this room members of the commission that will judge the impeachment of Moisés and vice | St. Catarina



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The Court of Justice of Santa Catarina (TJSC) and the Legislative Assembly of Santa Catarina (Alesc) elect this Tuesday afternoon (22) the members of the commission that will analyze the impeachment process of Governor Carlos Moisés (PSL) and the Lieutenant Governor Daniela Reinehr (no party). In the TJ there will be a lottery and in the assembly, a vote. The activities will take place at the same time, at 3pm. The commission will be composed of five deputies and five judges.

The request for the removal of the governor and vice president was made official in July and points to the suspicion of a crime of responsibility in salary increase given to state prosecutors in 2019. The defenses of Moisés and Reinehr deny that there was a crime of fiscal responsibility.

On Thursday (17), state deputies voted in favor of continuing the impeachment process against the governor and vice. The vote was carried out in two extraordinary sessions in the afternoon and in the evening. Moses and Reinehr were not eliminated as there are more steps in the process (see below). On Friday (18), the TJSC received the indictment processes, which were delivered by a representative of Alesc.

Governor Moisés and the deputy, Daniela Reinehr, during their tenure in Alesc: now both are subject to impeachment – Photo: Júlio Cavalheiro / Secom

The work of the commission that will be elected this Wednesday will be in charge of the president of the TJSC, Ricardo Roesler. If necessary during the course of the commission’s activities, it will cast a tie vote.

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 Lieutenant Governor Daniela Reinehr – Photo: Playback / Alesc

The TJSC drawing will be held in an extraordinary session, according to the court. All judges who are in full exercise of their functions may participate in the draw. There are about 90 of them in court. Once the draw is approved, the president of TJSC will communicate the winners, if they are not present at the extraordinary session, and the president of Alesc.

On the part of Alesc, the plenary vote will be opened and each parliamentarian will be able to vote by five names, including himself. The selection process will be carried out in the order of the parties with the greatest number of deputies in the assembly. The first to speak will be the leader of the party, then the other parliamentarians of the acronym, in alphabetical order.

Extraordinary voting session on the impeachment process against SC Governor Carlos Moisés – Photo: Diorgenes Pandini / NSC

The five most voted deputies will make up the committee of judges. In the event of a tie, there is a new vote for the open positions and these parliamentarians who have had the same number of votes are disputed.

At the first meeting of the committee of judges, a rapporteur will be elected, according to the assembly. He will be in charge of giving an opinion on the complaints and this document will be put to a vote later.

If the opinion is rejected or recommends that the complaint not be accepted, the impeachment processes are closed and closed. If the document recommends that the complaint be received, there is a vote. If the opinion is approved by a majority, with a minimum of six votes, the governor and vice president will be removed from office for 180 days, according to Alesc.

SC Vice Governor Daniela Reinehr arrives at Alesc to follow the vote on the impeachment process against her – Photo: Diorgenes Pandini / NSC

If the complaint is accepted by the commission, Moses and Reinehr will be tried. In this stage, evidence is collected, testimonies are taken, among other procedures. The rite of trial will be defined by the TJSC.

The governor and the deputy only lose their positions if two thirds of the members of the committee of judges, a minimum of seven votes, consider them guilty. If not, they remain in office.

Governor Carlos Moisés during a press conference in May 2020 – Photo: Cristiano Estrela / Secom

In the event of removal of the governor and vice president, Alesc’s president, Julio García (PSD), would be the first in the line of succession to take office. Last 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, it temporarily assumes the presidency of the Court of Justice of Santa Catarina.

Moses appealed to the Federal Supreme Court (STF) 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.

In a note to G1 On the day the report was approved, the governor’s defense said that the approval “tarnishes” Alesc’s story and that it believes that the deputies, in full, are shelving the accusation process.

Governor Carlos Moisés talks about the impeachment process

Governor Carlos Moisés talks about the impeachment 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 is still very sure that there was no crime of responsibility,” said Ana Blasi.

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, by administrative decision, in order to equate his 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.

A week ago, the special commission that analyzes the impeachment process unanimously approved the report with the request. 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.

There is a second withdrawal request related to the purchase of respirators and the hiring of field hospitals in process in Alesc, which was accepted and a committee was formed on Tuesday (22). There is also a third request, which is still under analysis. It is the result of the Parliamentary Investigation Commission (CPI) that investigated the purchase of respirators.

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