Trial session of the 1st accusation lawsuit against Carlos Moisés begins in SC | St. Catarina

The governor is charged with crime of liability in the salary increase granted to state prosecutors, in order to match salaries to those of legislative staff. The equity was granted in September 2019. The ECA ordered to suspend payment of the increase in May. THE Moses’ defense denies there was a crime and believe in his acquittal in the trial this Friday.

• Understand the impeachment processes against Carlos Moisés, governor of SC
• The Sentencing Court accepts the accusation lawsuit against the governor of SC

This Friday, if the governor is acquitted, he returns to office. But nevertheless, if convicted, you lose your job permanently me Reinehr becomes governor of State.

Moses is also disqualified from exercising public service. So that there conviction, a minimum of seven out of 10 possible votes is required.

The session began with the president of the Court and Tribunal of Justice of Santa Catarina (TJSC), Ricardo Roesler, thanking those present and reading the summary of the case.

The outgoing governor follows the trial session of the Casa da Agronômica, the official residence of the governor.

The members of the court of first instance were elected on September 23 and are the same ones who approved the temporary removal. At the Santa Catarina Court of Justice, a lottery was held for the selection of the five judges: Cláudia Lambert, Rubens Schulz, Sérgio Rizelo, Carlos Alberto Civinski and Luiz Felipe Siegert Schuch.

In Alesc, there was a vote. The selected deputies were: Kennedy Nunes, Laércio Schuster (PSB), Luiz Fernando Vampiro (MDB), Maurício Eskudlark (PL) and Sergeant Lima (PSL).

Kennedy Nunes is also the rapporteur of the process and participated online in the session, as well as the deputy Vampire because they are with Covid-19. Sergeant Lima is also online, as is Judge Schulz because his daughters have coronavirus.

Then the complainant, the public defender Ralf Zimmer Júnior, began his intervention, until 9:46 am. He said that since 2019 he began to defend the interests of the category and again affirmed that Moisés committed a crime of responsibility by matching the salaries of prosecutors.

Many times, during his speech, he made metaphors with extracts from the speeches of the character Sancho Panza in the book Don Quijote de la Mancha, by Miguel de Cervante. He spoke of contradictions when the adjustment occurred. “It is even because if there was a judicial decision, it would be executed by the precautionary system and not by decision of those interested in the options of Governor Moses,” he said.

He questioned why Moisés did not suspend payments from prosecutors in February of this year, when the ECA ordered the suspension. “The illegality is compounded by the confession of the PGE institution,” Zimmer said.

“If an Elba and some fiscal pedals, which 99% of the population has no idea what they mean, were already done enough to get two gifts from the Republic, respectively, due to impediment, it would not be taking rights seriously ( …) the simultaneous fraud of Parliament, vetoing a law, and the Judiciary, distorting, altering the scope of its decisions to the detriment of the Treasury “, he said.

At 9:49 am, one of the attorneys for the Prosecutor’s Office, Leandro Maciel, began his speech also talking about damages to the public treasury. “I leave here convinced that the amount of equivalence is incompatible. […] If in doubt, there is someone to be in the bag. [público]”.

“If there is no governance, you have to accuse him,” he said, and finished at 10:18. Then, Pericles Prade, also a prosecutor, spoke. The prosecution had a

Each of the speeches was in the gallery, being cleaned each time. Following the prosecutors ‘speaking phase, Moses’ defense attorney Marcos Probst began his speech at 10:50.

“There is no illegal act, perhaps a liability offense,” Probst said. “The state governor never ordered the payment, he authorized it. The jurisdiction belongs to the State Attorney General’s Office.”

Péricles Prade, the second prosecutor to speak out, also said that he considered the “political factor” of the trial, arguing that in that sense it differs from what the TJ-SC judges did last Wednesday (who believed that the act practiced by Cold Moses).

Regarding the crime of administrative irregularity, Péricles Prade defended that the crime committed by Moisés in the case is of “ethical nature”.

– Here it is because there was a lack of respect for ethical precepts (…) And it is simple to understand, because there was a lack of decorum, dignity or honor, simply because the administrative process 4121 has remained from a meeting in the darkness of cinema ‘, sorry for the popular jargon, because it was a secret process at the time – said Péricles Prade.

There is the possibility of reply and rejoinder from each party for one hour.

Then, the president of the special court of first instance calls the five deputies and the five superior judges, one by one, to discuss the complaint. Subsequently, Roesler will present a summary report of the reasons for the prosecution and defense, in addition to the evidence.

After this stage, voting can begin. However, if clarification is required, a group hearing may be granted for a period of five days.

For the vote to take place, a minimum quorum of seven members of the special court of first instance is required. They will answer yes or no if Moisés committed a crime in the readjustment of the prosecutors and if he should be sentenced to loss of office. If there is no quorum, the session will be suspended and scheduled for a later date.

How did the complaint get to the court of first instance?

• Alesc’s request for impeachment was accepted on July 22.
• Eight days later, on July 29, the assembly officially opened the case. A special commission was formed within Alesc to analyze the complaint and the chosen rapporteur was Luiz Fernando Vampiro (MDB).
• On September 15, the commission voted unanimously to approve the report and continue with the complaint. 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.
• Voting on the report in plenary in Alesc by all deputies, which occurred on September 17. First the complaint against the lieutenant governor was voted, then in relation to the governor. In both cases, the deputies chose to continue with the impeachment process.
• After the stage, the Special Sentencing Court was formed, which removed Moses, but acquitted Reinehr.

The Court of Justice of Santa Catarina (TJSC) validated the equalization of the salaries of state prosecutors in a trial held on Wednesday (25) in Florianópolis.

The appellants decided that the readjustment given to the state prosecutors is legal and must be retroactive to the date it was authorized by Carlos Moisés, in January 2019. The trial lasted almost four hours.

The decision on the legality of the salary increase came a day after the interim governor annulled the administrative act of January 2019 that authorized the payment.

2nd request for impeachment

In addition to the process that temporarily removed him from office, Moses defends himself against another Trial Court.

The governor is responsible for the crime of liability in the purchase of 200 respirators at R $ 33 million paid in advance and without delivery guarantee and for the attempt to contract a field hospital in Itajaí.

On November 12, the rapporteur for the second case delivered the report to the mixed court, made up of five other deputies and five judges. The date for reading and voting on the complaint has not yet been set.

A third request for impeachment against the governor was delivered by the Parliamentary Respiratory Investigation Commission (CPI) to Alesc on September 8. According to the assembly, this document was under analysis until the publication of this report. A fourth request, made by state deputy Ivan Naatz (PL), is also analyzed.

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