The decision of the Court of Justice of Rio de Janeiro to suspend on Monday, April 1st, the payment of 581 thousand reais on vacation accumulated to Domingos Brazão (photo) was reported by the press without due attention to a shocking fact, already pointed out several times in The Antagonist and now recognized by the judge Georgia Vasconcellos.
The politician arrested in March 2024 accused of having ordered the murder of Marielle Franco in 2018 he was not tried until today in the Superior Court of Justice (STJ) for the accusation of selling a sentence in the Court of Auditors of the State of Rio, made by Lava Jato within the scope of Operation Quinto do Ourofrom 2017, carried out one year before the crime against the PSOL councilor and her driver Anderson Gomes.
As Georgia stated in her decision, “there is no news of the judgment of the processes that culminated in the counselor’s removal”.
Consequences
Translating: “there is no news about the trial” that, if it had resulted in Brazão’s deprivation of liberty, as the anti-corruption task force wanted, it would have prevented the deaths of two people in the case that not only shocked the country, but continues to shock six years later, due to collusion between politics, police and organized crime.
It’s a scandal!
Brazil has so naturalized impunity and the Judiciary’s indifference to the freedom of those accused of white-collar crimes that no one really cares if they guarantee the commission of new and even worse crimes, as I pointed out here, here and here.
I remember part of my chronology of the Marielle case:
“Based on the plea bargain of Jonas Lopes, former president of the State Court of Auditors, Brazão and four other councilors were accused of receiving bribes in exchange for turning a blind eye to deviations in works in Rio. Minister Félix Fischer, from the STJ himself, however, revoked on April 7, 2017 the temporary arrests of the five counselorsalleging a lack of request from the Federal Police for new measures.
More than two years later, in June 2019, the STJ finally accepted the PGR’s complaint against Brazão and the other advisors accused of selling court decisions to favor businesspeople during Sérgio Cabral’s government. According to the PGR, up to 20% of contracts with public bodies were diverted into the pockets of counselors, so that, between 2006 and 2015, the bribery scheme embezzled 35 million reais.
The STJ has not ruled on this criminal action to date.
In March 2023the Rio Court of Justice determined the Brazão’s reappointment to the position of advisor to the TCE by 2 votes to 1, despite ongoing criminal action.”
Vacation
As each counselor is entitled to 60 days of vacation per year, Brazão wanted to receive the amount corresponding to 420 days of vacation accumulated for the period between 2017 (inclusive) and 2023, during which he was away by the STJ and did not even work.
The president of the TCE, Rodrigo Melo do Nascimento, approved in March 2024 the conversion of the aforementioned vacations into 581 thousand reais, but Tarcísio Motta, Marielle’s PSOL supporter, filed a class action now judged by Georgia.
According to the decision, the “The Statute of Public Servants of this State makes the following exceptions to the periods considered as effective exercise:
Art. 11. An employee who has been dismissed for reasons of:
(…) XI – imprisonment, if ultimately acquitted;
XII – preventive suspension, if ultimately innocent; (…)
It should be noted that, in the sections highlighted by this court (XI and XII), the acquittal/innocence of the public servant is required, which has not yet occurred, because there is no news of the judgment of the processes that culminated in the counselor’s dismissal.”
She also understood that there was “the existence of the urgency of the measure”Because the “completion of your payment” was close.
“I DEFEND the preliminary request to SUSPEND all effects of the decision of the Presidency of the TCE-RJ”the judge decided.
At least that. But the greatest evil, of impunity in Lava Jato, has already been done.
Someone has “news” from the STJ?
Read more: Impunity in Lava Jato left Brazão free to have Marielle killed?
