In an interval of three days, Daniela Barbalho, wife of the governor of Pará, (MDB), was removed and reinstated by the Court in .
The court decisions were based on a lawsuit filed by former federal deputy Arnaldo Jordy Figueiredo against Daniela, Helder, Alepa (Legislative Assembly of the State of Pará) and the State of Pará.
Figueiredo sought to annul the appointment “on the grounds of offense to the constitutional principles of morality and impersonality, materialized in the practice of crossed nepotism, as well as the alleged failure to meet the constitutional requirements of notorious knowledge”.
The first judicial decision, last Wednesday (26), was signed by judge Marisa Belini de Oliveira, from the 3rd Public Finance Court, but responding to the 5th Finance Court.
She had annulled Daniela’s possession and exercise of the position and determined that the Pará Assembly would take the necessary measures to restart the selection process for the position of TCE-PA advisor. She had also ordered the full and updated return of all salaries, allowances and any other remuneration received by her.
The judge argued that the position has a technical-professional-administrative nature and is not political in nature. Therefore, it would not fall within the exception allowed by the STF (Supreme Federal Court) for the appointment of relatives.
“In this specific case, in its crossed (or disguised) modality, it seriously and blatantly violates the constitutional principle of administrative morality,” he wrote.
In a decision on Saturday (29), judge Roberto Gonçalves de Moura, president of the Court of Justice of the State of Pará,
The president of the TJ-PA argued that the decision “directly compromises the composition and functioning of a collegiate body with relevant constitutional powers, composed of only seven members.”
“There is an evident risk of disruption to the institutional normality of the Court of Auditors, not only due to the abrupt vacancy of the position, but also due to the possible repercussions on hundreds of collegiate decisions made with the participation of the Counselor, including in the role of rapporteur, a situation that would compromise legal security and the continuity of external control of the state Public Administration”, he wrote.
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