The Superior Court of Justice (STJ) denies the appeal, but André remains a candidate.
Minister Assussete Magalhães, of the Superior Court of Justice (STJ), rejected the precautionary measure filed by federal deputy André Moura (PSC), in which he requested a stay of execution of a decision by the Court of Justice of Sergipe, which convicted him of administrative misconduct and suspended his political rights. In the legal action, André argued that there were no grounds in the records to characterize the acts of misconduct, initially pointed out by the first instance judge, Rinaldo Salvino do Nascimento, of the Japaratuba District, and later confirmed by the Sergipe Court of Justice. For the magistrate, there is conclusive evidence of the crime of misconduct demonstrated in the records. However, the decision does not prevent André from remaining in the race for re-election.
City Newspaper - Minister Assussete Magalhães, of the Superior Court of Justice (STJ), rejected the precautionary measure filed by federal deputy André Moura (PSC), in which he requested a stay of execution of a decision by the Court of Justice of Sergipe, which convicted him of administrative misconduct and suspended his political rights.
In his legal argument, André claimed there was no evidence in the case file to characterize the acts of misconduct initially alleged by the first instance judge, Rinaldo Salvino do Nascimento, of the Japaratuba District, and later confirmed by the Sergipe State Court of Justice.
According to the judge, there is conclusive evidence of the crime of administrative misconduct demonstrated in the case file. "It is important to highlight that it is a settled understanding that for a public civil action to be accepted, the mere existence of evidence of administrative misconduct is sufficient," Magalhães noted.
Application
She acknowledged the appeal, denied it, but without prejudice to a more thorough assessment of the matter. "Everything indicates that reporting the grounds of the appealed decision, at least regarding the merits, would require a re-examination of factual matters, which is prohibited in a special appeal, according to precedent 7 of the Superior Court of Justice," stated the minister.
Therefore, André is not prevented from remaining in the race, hoping to win a new federal mandate. "The challenged ruling did not impose any conviction on the applicant, limiting itself to reviewing the decision that initiated the administrative probity action," Magalhães emphasized in his decision issued Friday night.
The appeal filed by André's defense lawyers refers to the accusation that he and other family members, such as his mother, former state representative Lila Moura, improperly used cell phones belonging to the Municipality of Pirambu – where he served as mayor – causing losses exceeding R$ 40 to public funds.