Article 112 provides for the dismissal with a vote of two thirds (171) of the directors. Article 58, considered in the second call, points to dismissal as one of the measures that requires 75% approval from the Deliberative Council (191 votes)
The Court determined that voting for the impeachment of no will have hybrid voting. This is what judge Luciane Cristina Silva Tavares, from the 3rd Civil Court of the Butantã Regional Court, in São Paulo, determined. The decision was taken in an injunction on Monday night (12). In the order, the judge partially approves a legal action filed by opposition counselors. They asked for a hybrid vote (and not just in person) and a reduction in the quorum for approval of the removal, which was not met.
The meeting, which takes place this Friday (16), in Morumbi, was called twice. The second call came after confusion caused by the São Paulo Statute. Article 112 provides for the dismissal with a vote of two thirds (171) of the directors. Article 58, considered in the second call, points to dismissal as one of the measures that requires 75% approval from the Deliberative Council (191 votes).
In the request, the group of advisors pointed to article 76 of the Internal Regulations. The text determines that meetings are “semi-face-to-face”, and can be held in person or virtually. “Despite the specification that the format of the meeting is decided by the president (of the Deliberative Council), it is clear that this deliberation must be based on the interests of São Paulo itself, that is, the format of the meeting must be one that allows the participation of the largest possible number of advisors”, wrote the judge.
The curious thing is that one of the arguments raised by Luciane Cristina to highlight the need for a face-to-face meeting was precisely the quorum required to approve the impeachment (75%). “Considering the high quorum required for the deliberation, the time of year in which the meeting was held, the number of elderly councilors and, especially, the broad structure of São Paulo for holding meetings and votes in the hybrid format, both the probability of the alleged right and the risk of damage that is difficult to repair (art. 300, of the CPC), with regard to the format of the meeting, are characterized,” he argued.
Three opposition political groups from São Paulo signed the action. They are, Salve o Tricolor Paulista, Movimento São Paulo 1930 and the Democratic Front in Defense of São Paulo. A request to carry out hybrid voting had already been made to the president of the Deliberative Council, Olten Ayres de Abreu Júnior. He denied the request.
“The votes to remove the president are about a delicate issue. It affects the structure and credibility of the club. When it comes to a secret vote, we believe that it should lead to an in-person vote”, said Olten to explain the denial. “The impeachment of a president is of much greater importance, violent importance and affects the life of the club in a profound way. There would certainly be, if we didn’t do the in-person vote, a challenge”, he added.
*With information from Estadão Conteúdo
