MP appeals to Tjap, reinforcing request for Dudão’s removal – News of Brazil
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Paulo Silva
Politics Editor
Attorney General Paulo Celso Ramos dos Santos, from the Public Ministry of Amapá (MPAP), joined the State Court of Justice (Tjap) with embargoes for declaration so that the omission of the decision can be remedied, as pointed out in the appeal, attributing it to infringing effects, in order to conclude that there is a need to worsen the precautionary measures other than imprisonment for those investigated in Operation Cartas Marcadas, launched in the municipality of Macapá and in cities in Pará and Bahia, especially the immediate removal of mayor João da Silva Costa, known as Dudão, accused of having knowledge of and participation in a scheme that allegedly diverted more than R$200 million from public coffers.
According to the prosecutor, there is a concrete and demonstrated risk regarding the collection of evidence for the procedural investigation.
In the appeal, dated April 10, the Public Prosecutor’s Office states that it intends to see the error of omission of the embargoed decision remedied, which did not appreciate a new fact presented when the regulatory appeal was filed, by remaining silent about the destruction of evidence that is taking place in the municipality of Mazagão, which was duly demonstrated in the records.
For the MP, by maintaining the aggravated decision, when the various prison requests were not reconsidered, in particular the removal of Mayor João Dudão Costa, the judge stated that there were no new suitable facts that put the procedural instruction at risk, given the effective compliance of search warrants. The operation was launched with authorization from judge Agostino Silvério.
In this specific case, argues prosecutor Paulo Celso Ramos, the embargoed ruling was silent regarding the risk of destruction of evidence in the case, with strong evidence that the City of Mazagão itself is contributing to the practice of fraud in tenders.
The Public Prosecutor’s Office states that the simple fact that the mayor continues to act may actually interfere concretely in the hearing of witnesses, especially commissioned employees of the municipality, with the attempt to destroy the evidence in Mazagão being evident, a fact that corroborates the possibility of altering the evidence and the way of acting of the city hall itself, which, in an attempt to exempt Mayor Dudão from responsibility for the facts discovered, began to exonerate those investigated who were not public servants.
“Exonerations made in public bodies are efficient means of intimidating witnesses, who eventually want to cooperate with the clarification of the facts, but cannot report the loss of their means of support”cites an excerpt from the resource, stating that the city hall itself published on destruction of public documents or the assertion that they simply ‘gone’.
During the search and seizure, reports MPAP, important signs emerged about the concealment of evidence, when a destroyed cell phone was seized, which indicates the purposeful destruction of the equipment.
“Adequacy decree”
On Tuesday, the 9th, with the justification of “adopting measures to adapt administrative procedures at Mazagão City Hall, in view of the events investigated in Operation ‘Cartas Marcadas’, Mayor João Dudão Costa issued a decree determining the dismissal of all secretaries who have been targets in investigations.
It also determined that such civil servants and businesspeople, who were targets of the operation, are prohibited from accessing documents and other information on processes involved in the operation, which lasted two days.
The mayor also ordered the suspension of all administrative contracts for 90 days; the replacement of all inspectors for contracts signed with service providing companies, the replacement of all members of the Permanent Bidding Committee (CPL) who were caught up in the operation.
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