Judge stops ruling on request to suspend effects of the session that impeached mayor of Ferreira Gomes – News of Brazil

Paulo Silva
Politics Editor

Judge João Lages, from the Amapá Court of Justice, stopped judging an appeal filed by the defense of João Álvaro Rodrigues, Divino Rocha, mayor of the municipality of Ferreira Gomes, whose mandate was revoked by the City Council.

The appeal was against the decision of judge Luciana Barros de Camargo, who rejected the injunction request to suspend the effects of the Chamber’s plenary decision, which revoked, with 2/3 of the votes, the mayor’s mandate, annulling the vice-mayor’s inauguration. Diana Moreira do Carmo.

Considering that there is an appeal against the decision made in the files of the knowledge action (annulment), which was reported by judge Rommel Araújo, João Lages understood that he was a preventive magistrate.

The defense of the revoked mayor points out an error in the judge’s decision, claiming that she disregarded the illegalities present in the revocation process. He pointed out that councilor Valdo Isacksson was unable to participate in the impeachment process, as he was the husband of vice-mayor Diana Moreira do Carmo, whose impeachment would directly benefit her.

In a video included in the file, councilor Valdo Isacksson had tacitly declared his intentions with the revocation, to indicate the workers hired by companies that provide services to the city hall.

Divino Rocha’s defense also alleges nullity due to the failure to summon substitutes for councilors Christian Roger (son of the impeached mayor) and Radson Almeida (brother-in-law of the mayor), who declared themselves unable to vote.

Rocha’s defense also narrated that the complainant Luiz Fernando dos Santos Silva did not undertake to prove his full status as a voter, as he only presented his voter registration card, failing to present the electoral discharge certificate, which would be a condition for proof. of the status of voter, hence the request for an injunction on the active effect of the appeal, to suspend the effects of the plenary decision of the 41st ordinary session of the Municipal Council of Ferreira Gomes, held on December 14, 2023, which revoked the mayor’s order, annulling also the inauguration of the vice-mayor and issuing a warrant to reinstate Divino Rocha in office.

In its statement, the Ferreira Gomes City Council indicated a preliminary lis pendens of the main case in a case that deals with the same topic, with the same parties and cause of action, with only new facts. He also pointed out the lack of interest in taking action since there is no clear demonstration of the act to be opposed and what the liquid and certain right would be. He highlighted the absence of essential parts in the interlocutory appeal and the addition of documents that were not included in the procedural instruction at the origin.

Injunction denied

Late this Tuesday afternoon, the 19th, a decision was made by judge Mário Mazurek, from the Amapá Court of Justice, denying an injunction requested by the defense of the impeached mayor Divino Rocha for him to return to his position as mayor of Ferreira Gomes. It was the third defeat in court since his mandate was revoked by the City Council.

---

Leave your comment

Advertising