The Amazonas Court of Auditors (TCE-AM) archived the case that investigated counselor Ari Moutinho, accused by fellow counselor Yara Lins of assault. According to Yara, he called her “naughty” and a “dog” inside the court in Manaus.
The annulment of the process was published in the TCE-AM Official Gazette, on Monday (13). “In view of the non-compliance with the admissibility requirements, especially given the absence of evidence of authorship and unequivocal proof of materiality”, argued the president of the court, Érico Desterro.
Furthermore, the president of the TCE decided not to admit disciplinary administrative representation against the counselor.
“The element of materiality, in turn, is the objective and concrete proof of the act or fact said to be illegal, that is, materiality is formed by a set of tangible evidence capable of demonstrating the existence of an infraction. In this context, these elements are essential to the initiation of a disciplinary administrative process, so that, without their observance, there is no need to speak of a disciplinary infraction”, he stated, in the decision.
Yara Lins reported the case on October 6th. The counselor invited journalists to a press conference at the Amazonas General Police Station, where she reported the case to the Civil Police.
“I thank the press who is here, I called this press conference. I am counselor Yara Lins, but at this moment there is not a counselor but a woman,” he said.
The counselor Ari Moutinho was removed from his position on October 26th. The decision, by the investigation rapporteur, counselor Júlio Assis Corrêa Pinheiro, pointed out that the removal was determined as a measure to prevent the counselors involved in the case from having contact in activities and other conflicts from happening.
On October 27th, the Amazonas Court of Justice (TJAM) annulled the decision to remove Ari Moutinho.
When annulling the TCE’s decision, the TJAM stated that the counselor’s removal from his duties did not respect the deadline for him to present a comprehensive defense and contradiction.
New president of TCE-AM
Yara Lins, 66 years old, was elected president of TCE-AM on October 3, by 5 votes to 2. She returns to command the court for the next two years (2024-2025). The inauguration of the new president takes place on December 1st.