Janot recommends removing congressman from office.

Alagoas 247 - The Attorney General of the Republic, Rodrigo Janot, recommended, in an opinion issued on August 8th, the removal of federal deputy Cícero Almeida (PMDB) from office. In addition to recommending the deputy's removal, Janot suggests that Almeida's seat be filled by the first alternate elected by the PRTB.

The Attorney General's recommendation is based on a writ of mandamus filed by the Brazilian Labor Renewal Party (PRTB) against actions by the then-President of the Chamber of Deputies, Eduardo Cunha, the Vice-President of the Regional Electoral Court of Alagoas, and the judge of the 2nd Electoral Zone of Maceió.

The acronym argues that the elected mandate is linked to the political party and not to the candidate who participated in the electoral process. 

"(...) which is why it must be recognized that, in cases of party disloyalty, political parties have the right to preserve the seat obtained through the proportional system," the defense argues.

In his opinion, the Attorney General of the Republic states that the Supreme Federal Court, in previous decisions, recognized the legitimacy of the political party from which the parliamentarian disaffiliated to request the loss of office in cases of party disloyalty.

According to Janot, at the time, the Supreme Federal Court (STF) considered that the substitute called to fill the vacancy must be affiliated with the same political party as the parliamentarian who, without just cause, left the party.

The Attorney General of the Republic emphasizes that it is up to the Electoral Court to judge the case, but that, nevertheless, the Chamber of Deputies can apply the Attorney General's understanding.

"(...) it is important to clarify that the statement offered here does not intend to disregard the understanding that it is the responsibility of the Superior Electoral Court to assess the action of party disloyalty. In reality, the Attorney General's Office understands, given the peculiarities of the case, that the pending judgment of the action proposed by the petitioner in the Superior Electoral Court should not prevent the Legislative House, deciding in light of the situation presented in the specific case, from applying the understanding outlined here and proceeding with the analysis of the request made by the petitioner," Janot states in the decision.

Almeida says he's not worried.

For the production of Radio GazetaCongressman Cícero Almeida said he was calm and considered the prosecutor's position strange, given that the Attorney General's Office had previously issued a favorable opinion on this case. 

Nevertheless, the congressman stated that he was surprised by Janot's recommendation and that he has already provided all possible clarifications. According to him, the case will be handled by his legal team. 

Almeida also said that his biggest concern at the moment is the mayoral election campaign, which began this Tuesday. 

Galba also faces a similar process.

And Almeida's running mate in the Maceió mayoral race, state representative Galba Novas, is also facing a similar process and risks losing his elected office. The Regional Electoral Court (TRE) accepted the complaint contained in the lawsuit for loss of elected office due to party disaffiliation filed by councilman Marcelo Gouveia (PRB). 

Novaes requested to leave the Brazilian Republican Party and joined the PDT, citing just cause. He was the party's president in Alagoas, but was replaced by Marcelo Beltrão, who is the mayor of Jequiá da Praia and president of the Association of Municipalities of Alagoas (AMA). 

With gazetaweb.com