Public Ministry issues opinion on the legality of the Chamber process that could revoke the mandate of the mayor of Oiapoque – News of Brazil
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Paulo Silva
Politics Editor
In a process involving the mayor Breno Lima de Almeida (PDT), of the municipality of Oiapoque, the public prosecutor Alison Almeida Santos Buchacher, of the Public Ministry of Amapá (MP-AP), expressed his unfavorability to the content of the mayor’s petition against the processing committee of the Oiapoque City Council, which could decide to revoke his mandate due to misuse of federal public resources.
In the writ of mandamus requesting urgent protection, Breno Almeida’s defense cites the mayor, councilor Ueslei Nei da Silveira Teles, and the president of the processing committee, councilor Reginaldo Silva Marques, alleging alleged violation of the fifth article of the Federal Constitution and decree-law 201/1967, in theory practiced in the conduct of the mandate revocation process being processed in the Legislative House.
The mayor alleges: restriction of defense due to refusal to produce expert evidence; restriction of the defense because the full statements taken during the investigation of the case were not included in the case file; restriction of the defense because there was no assessment, in the final opinion, of the statements given in the investigation of the case and restriction of the defense because there was no assessment, in the final opinion, of all the defense arguments raised.
In his statement, the MP representative maintains that at no time was the mayor’s defense challenging the object of the process, that is, his merit. Nor could it, considering that judicial control, in this aspect, would constitute a clear affront to the principle of separation of powers.
Breno also did not at any time request the suspension of the trial session that had been scheduled for January 5, 2024.
“The preliminary decision entered into the records, on duty, granted a non-existent request, relying, it is believed, on the general power of caution. Under these circumstances, and considering that the grounds laid down are not sustainable, the injunction must be revoked, in order to allow the process to progress.”records Alison Buchacher.
The chamber’s attorney reported that the processing committee will now await the decision of the Oiapoque District judge on the progress of the process that could determine the removal of Breno Lima de Almeida from the position of mayor.
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