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The Chamber of Deputies asks the Attorney General's Office to punish former minister Cid Gomes.

The complaint filed by the parliamentary prosecutor, Deputy Claudio Cajado, points to crimes of malfeasance, criminal negligence, and administrative misconduct.

The complaint filed by parliamentary prosecutor, Deputy Claudio Cajado, points to crimes of malfeasance, criminal negligence, and administrative misconduct (Photo: Renata Paiva)

Agency Board - The Parliamentary Prosecutor's Office of the Chamber of Deputies has filed two proceedings against former Minister of Education Cid Gomes. He resigned from his post after a heated exchange with deputies in the Plenary, on Wednesday (18). Gomes had been summoned by the Chamber to explain his statement that there were “300 or 400 extortionists” among the deputies.

In a formal complaint to the Attorney General's Office, the parliamentary prosecutor, Deputy Claudio Cajado (DEM-BA), reports the occurrence of three crimes: malfeasance, based on article 50 of the Constitution; criminal leniency, based on article 320 of the Penal Code; and administrative misconduct, based on article 11 of Law 8.429/92.

The crime of malfeasance would have been constituted when Cid Gomes, summoned by the Chamber, left the Plenary, constituting an absence without adequate justification. He left after being called a "clown" by Congressman Sergio Zveiter (PSD-RJ) and having his microphone cut off by the Speaker of the Chamber, Eduardo Cunha, who then ended the session. The prosecution believes that Gomes should have remained in the Plenary, responding to all registered speakers.

The crime of criminal leniency would stem from the fact that, by telling teachers and university students in Pará that there were "300 or 400 extortionists" among the deputies, Gomes, according to the prosecution, demonstrated knowledge of alleged crimes against public administration, but failed to report them to the Federal Public Prosecutor's Office.

The act of administrative misconduct, in turn, would be a consequence of the previous crime, according to the prosecutor's office, since the omission violates duties towards public administration, in this particular case especially honesty and loyalty to institutions.

It will be up to the Attorney General of the Republic, Rodrigo Janot, to analyze the complaint and decide whether or not to open an investigation.

Moral damages
The Parliamentary Attorney's Office also filed a civil lawsuit against Cid Gomes, seeking compensation for moral damages to the Chamber. No specific amount was given, which will be determined by the Federal Court in Brasília.

If compensation is granted, Claudio Cajado requested that the funds be returned to the National Fund for the Development of Education (FNDE), a federal agency responsible for implementing educational policies of the Ministry of Education.