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The president of the Federal Supreme Court (STF), Dias Toffoli, denied Wilson Witzel’s request to postpone the sentence of the Superior Court of Justice (STJ), scheduled for this Wednesday afternoon (2), which will analyze the decision that determined the exit of the politician from the mandate of governor of Rio de Janeiro.
The sentence in the STJ will be in the Special Court of the court, formed by the 15 oldest ministers of the Chamber. In total, the STJ has 33 chairs. In the evaluation of the STJ technicians, 10 of the 15 votes (quorum of 2/3) are required for Witzel to remain out of office. The president of the STJ only votes in the event of a tie.
Witzel’s dismissal is valid for 180 days and was determined by the STJ minister, Benedito Gonçalves, at the request of the Attorney General’s Office in Operation Tris In Idem. The operation, launched last week, investigates irregularities and deviations in the state’s health.
To request a postponement of the trial, Witzel’s defense argued that there would be no time for the STJ to judge the matter before the STF considered the appeal.
This is because, argue the lawyers, on Tuesday the notification was sent to the Superior Court of Justice and the Office of the Attorney General of the Republic to provide information on the matter.
According to Toffoli, the defense arguments do not justify the STF’s intervention.
“I observe that the premise invoked to suspend the collegiate judgment of the referendum on the decision of the provisional removal order of the plaintiff does not have legal validity to authorize this Supreme Court to intervene in the legal and administrative organization of the Superior Court of Justice, sovereign in the conduction of the guidelines of the competition sentence, “said the president of the STF.
Toffoli denies Witzel’s appeal to postpone STJ trial
The ministers declare themselves handicapped
In total, four STJ ministers declared themselves disabled and, therefore, will not participate in the trial on the Witzel case.
The four ministers are:
- Felix Fischer (has a former adviser on the case;
- João Otávio de Noronha (has already declared an impediment in a request for the release of Edmar Santos, former Secretary of Health of Rio and a complainant of the alleged scheme of diversion of resources to face the pandemic);
- Herman Benjamin (knows attorneys working on other Witzel cases);
- Jorge Mussi (an official from the office would be close to the lawyer in the case).
The four will be replaced by: Isabel Gallotti, Antonio Carlos Ferreira, Villas Bôas Cueva and Marco Buzzi.
Witzel’s absence is valid for 180 days and was determined at the request of the PGR in Operation Tris In Idem, which investigates irregularities and deviations in health.
The governor denies having committed any kind of irregularity and “contested” on Friday that the investigations present evidence against him.
The precautionary measure aimed to curb his alleged leadership over the criminal organization that promoted diversion of health resources in the state and also the impacts of “criminal engineering” on the public coffers of Rio de Janeiro.
The PGR even requested the arrest of the governor, but the request was denied by the STJ, which understood that the removal is enough to try to stop the criminal actions.
Witzel was also reported to the STJ by the Public Ministry. The case will be analyzed by the Special Court of the court next Wednesday (2).