Justiça suspende decreto que afasta prefeito de Búzios

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O juiz Marcelo Alberto Chaves Villas, em exercício no Plantão Judiciário deste fim de semana em Armação de Búzios, na Região dos Lagos, deferiu mandado de segurança impetrado por um vereador da cidade para suspender os efeitos do Decreto Legislativo nº 278/2017 e determinar a reintegração de André Granado Nogueira da Gama ao cargo de prefeito. Após votação da Câmara dos Vereadores na última quinta-feira, dia 1º, o prefeito foi afastado sob a acusação de fraudes em contratos municipais de licitação.

O magistrado determinou que a Presidência da Câmara dos Vereadores de Búzios informe à Justiça, no prazo de 48 horas, e à Comissão Processante, no período de dez dias. O juiz ressalta que a decisão não impede a continuidade dos trabalhos do Legislativo de apuração das denúncias contra o prefeito.

O magistrado assinala que, antes de conferir o impeachment, a Câmara dos Vereadores deveria dar amplo direito de defesa ao prefeito. Além disso, o processo deveria vir com parecer de uma Comissão Processante.

“Com efeito, o virtual poder de afastamento do prefeito somente poderia vir a ser exarado pelo quórum qualificado da Câmara Municipal em juízo de admissibilidade após regular formação de Comissão Processante, com a possibilidade de apresentação de defesa prévia e indicação de provas pelo denunciante dantes da elaboração de qualquer parecer por tal aludia Comissão”, pontuou.

Na decisão, o juiz fez um paralelo com o recente processo que culminou com o impeachment da ex-presidente Dilma Rousseff:

“Assim, pode-se estabelecer no presente caso um paralelo com o processo de impeachment da ex-presidente Dilma Rousseff. do qual o Pretório Excelso no julgamento da ADPF nº 378, da relatoria do Ministro Luiz Roberto Barroso, estabeleceu que o afastamento da então mandatária suprema do país somente poderia ocorrer após votação de parecer de Comissão Especial pela maioria de 2/3 dos membros da Câmara dos Deputados Federais”, considerou.

Processo nº 0001766.53.2017.8.19.0078

 

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