Superior Court of Justice annuls the retirement of police officers.
The Superior Court of Justice (STJ) has overturned an administrative decision that retired eight colonels from the Military Police of Alagoas. The single-judge decision, made by Justice Napoleão Nunes Maia Filho, mandates that the Military Police comply with the 2010 decision of the Court of Justice of Alagoas (TJ), which upheld a 2008 first-instance ruling annulling the administrative act of transferring the colonels to the reserve. The Justice called the series of appeals filed by the State, which delayed compliance with the decision, a "lamentable saga."
Alagoas247 - Called the "reoxygenation" of the Alagoas Military Police (PM) and implemented in 2008 by Governor Teotonio Vilela Filho (PSDB), one of the major projects of the PSDB administration for public security is likely to cease being treated as a promise to improve the troop's performance in combating crime and become a major detriment to the already strained budget of the corporation.
After five years, the administrative measure that resulted in the forced retirement of eight colonels was revoked by a decision of the First Section of the Superior Court of Justice (STJ) on June 26. Seven of these colonels will return to active duty, which may lead to a review of promotions carried out at the time.
Colonels Adroaldo Goulart, his brother Rubens Goulart, as well as Antônio Joca Lima Pimentel, Nerecinor Sarmento Pereira Filho, Reinaldo Cavalcante, Marcos Antônio Cardoso de Brito, and Cláudio Omena are expected to return to active duty.
Colonels Dário César, the current Secretary of Social Defense; the Chief of the Military Cabinet, Luciano Silva; the former commander of the Military Police, Dalmo Sena; as well as Aurélio Rosendo, Marcelo Albuquerque, Francisco de Assis Pereira, and Colonel Mendonça are expected to lose the promotions they obtained due to their forced retirements.
In a single-judge decision, last Monday (5), Minister Napoleão Nunes Maia Filho determined that the Military Police must comply with the decision of the Court of Justice of Alagoas (TJ), from 2010, which confirmed the 1st instance sentence, from 2008, for the annulment of the administrative act of transferring the colonels to the reserve ex officio.
Napoleão Nunes Maia Filho is the rapporteur for the "appeals for divergence in appeals in special appeals," which are being processed under number 95.486-AL. He called the series of appeals filed by the State, which delayed compliance with the decision, a "lamentable epic."
“[...] It is urgent - and it is already overdue - to ensure that the victorious litigants receive the just and deserved enjoyment of their procedural victory, obtained in the Court of origin, as is clearly seen here,” says the decision of the STJ minister, which orders the return of the colonels so that they may serve another five years in the Military Police.
With gazetaweb.com