Mayor of Ferreira Gomes is returned to office by preliminary decision in direct action of unconstitutionality – News of Brazil

Mayor of Ferreira Gomes is returned to office by preliminary decision in direct action of unconstitutionality – News of Brazil

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Paulo Silva
Politics Editor

Judging a direct action of unconstitutionality filed by the Republicans party, judge Adão Carvalho, president of the Court of Justice of Amapá, granted an injunction to suspend the decree of the Ferreira Gomes City Council that revoked the mandate of mayor João Álvaro Rodrigues, known as Divino Rocha. The president of the chamber has 30 days to provide any information he has regarding the request made. With the information or the expiry of the deadline, views of the case will be opened to the Public Prosecutor’s Office, and after conclusions to the original rapporteur, who is Judge Rommel Araújo.

The Republicans maintained that there was an impediment to the councilor who participated in the vote that culminated in the approval of the mayor’s impeachment, since he is the spouse of the then vice-mayor, who took over municipal management when the attacked standard was issued. According to the party, the participation of councilor Valdo Izacksson in the vote on the impeachment of Divino Rocha, which was decisive in reaching the necessary quorum for the mayor’s removal, represents a political-administrative infraction provided for in Decree-Law 201/1967 and clashes against the principles of morality and impersonality.

Divino Rocha’s defense argued that councilman Valdo acted in his own cause by participating in a vote whose direct beneficiary was his wife, despite the legal advice of that House of Laws of Ferreira Gomes having issued an opinion suggesting the withdrawal of the draw from the processing committee. “impeded councilors, Valdo Isacksson (husband of the vice-mayor), Radson Almeida (brother of the 1st lady) and Cristian Rogger (son of the mayor)”.

When granting the injunction, judge Adão Carvalho noted that “in my opinion, above all, the principle of impersonality was violated. For him, the participation of councilor Valdo Isacksson Monteiro in the impeachment process of mayor Divino Rocha, viewed in a restricted way, does not reveal any illegality when analyzing only Decree-Law 201/67. However, the examination subjects the attacked legislative decree to compliance with the standards contained in the state Constitution. “In the role of interpreter and enforcer of the law, one cannot turn a blind eye to the fact that the vice-mayor, directly interested in the outcome of the political process, is the wife of the councilor. It’s objective data”, mentioned Adão Carvalho.


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