Judge João Lages, from the Amapá Court of Justice, granted an injunction for the effects of the legislative decree that had removed Mayor Elson Belo Lobato (Avante), from the municipality of Serra do Navio, from office. The decision was taken in the trial of the interlocutory appeal, with a preliminary injunction, filed by Elson Lobato through lawyer Vicente Cruz.
The mayor was removed from office by decision of the Municipal Chamber of Serra do Navio, maintained by the judge of the Single Court of Pedra Branca do Amapari. The leave should be 180 days.
Mayor Elson Belo’s defense maintained the irregularity of the procedure adopted by the chamber when issuing Legislative Decree 0001/2023-CMSN, which established his removal from office for a period of 180 days. He said that the procedure is null and void, as the command provided for in article 5, II of Decree Law 201/1967 was not observed, as well as that this rule does not provide for the preliminary removal of the municipal manager. In the end, after collation of several jurisprudences to support its thesis and defend the presence of the authorizing requirements, it fought for the granting of active effect to, in an injunction, suspend the effects of the decree. On the merits, confirmation of the decision.
According to the judge, contrary to what was stated in the judge’s decision, the evidence gathered in the process reveals the probability of the appellant’s (Elson Belo) right, insofar as the procedure adopted for his removal did not comply with the governing law , since Eliângela de Souza Gomes Pliessnig (DEM), author of the representation made against the mayor, is a councilor of the municipality and, therefore, could not participate in the vote that culminated in the acceptance of the representation and removal of the manager.
Furthermore, the procedure for precautionary removal of the mayor, and for a period of 180 days, does not even find support in legislation, as Decree-Law 201/1976 (which provides for the responsibility of mayors and councilors, and gives other measures) does not provide any provision for precautionary removal of the municipal manager during the process and judgment of the political-administrative infractions defined in article 4 of the legislation, as well as that the legal rule establishes a period of 90 days to conclude the investigation, under penalty of filing of the complaint or representation.
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