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São Paulo – Acknowledged guilty of improbability and ineligible for three years, Bolsonaro (PSL). The statement is that of the lawyer Elpídio Donizetti Nunes, member of the committee of lawyers of the Senate who drafted the code of civil procedure.
Salles was sentenced yesterday (19) by the judge Fausto José Martins Seabra, of the 3rd State Treasury Court of the São Paulo Court of Justice. The judge found that in 2016, Salles had amended the zoning maps and draft normative instrument (decree) establishing the management plan. of the Environmental Protection Area (APA) of Várzea do Tietê, under elaboration and discussion .
"It is absolutely impossible to name a person because of the jurisprudence established in Brazil on this subject," says the lawyer, who considers the case Salles as more serious than another, at the appointment Ms. Cristiane Brasil as Minister of Labor.
"Although there is a loophole in the law, to admit it as a minister would go against the principle of morality." Case probably less serious than that of the future and probable Minister of the Environment, found guilty of fraudulent act as Secretary of the Environment in São Paulo. "
Deny allegations, former Secretary of the Environment According to the rule, according to article 1.013 of the Code of Civil Procedure, the appeal has a suspensive effect, which means that in case of appeal, the sentence loses its effect . According to the lawyer, the rules of the Civil Code and the specific law on administrative irregularity do not apply to the case, which will be interpreted according to the same case law as that preventing Cristiane Brazil.
In addition, the sentence suspends the political rights of Ricardo Salles "You can not vote, be elected, hold public office in any sector, and a minister is an agent In Brazil, to be a gari, you need a certificate of good training.And if you want a good disc certified better in the very quality of a conviction? The fact is that the future minister has a bad record;
Elpídio Donizetti believes that Bolsonaro, elected under the sign of the fight against corruption, will not admit any one like that in his body of auxiliaries. "His career is completely unachievable , at least in this area of the environment. "
As far as the procedural aspect is concerned, there are several hypotheses: in the absence of an appeal, the judgment is final.If you appeal, the appeal could only have a devolutive effect; ie by bringing the issues in dispute to justice,
"The STF has already determined that the decision of the first diploma will be valid and therefore can not be named. Their political rights are suspended. And even if the elected president persists in his appointment, I suppose that a writ of mandamus comes from the prosecutor of the Republic of São Paulo, author of the lawsuit.
The deputy may also enter a preventive security warrant as soon as Bolsonaro is sworn in as president, the case being brought before the Supreme Court in case of appeal. face the President of the Republic, can be directly within the STF, which has a case law reasonably established in this regard to protect the principle of morality, invoked for the condemnation of this future minister. "
For the lawyer, it belongs to Bolsonaro to settle" 19659004] "If a gari with bad background can not be named, do not belittle the gari, as can a minister
In his badessment, Bolsonaro , elected president at a time of great popular intolerance towards this type of fraud, should withdraw from No.
Although it has not yet manifested itself on the decision of the Justice of São Paulo, Jair Bolsonaro had told Fantástico that in case of conviction, he would not have named Ricardo Salles.Review: