The Superior Electoral Court (TSE) rejected, this Friday (12/19), an appeal by State Deputy Ortiz Junior (Citizenship) in impeachment proceedings for infidelity to the party. The former mayor of Taubaté will, however, appeal again and will remain in his role as deputy until the case is closed, with a final judgment.
“The court decision itself recognizes the suspensive effect of the appeal, which guarantees that he will remain in the position of state deputy while the process continues before the High Electoral Court,” the deputy said in a note.
In July, Ortiz Junior was dismissed by the Regional Electoral Court (TRE) by 4 votes to 3, in an action brought by the PSDB and Damaris Moura (PSDB), second deputy of the PSDB/Cidadania federation.
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On this occasion, the rapporteur of the TRE trial, Rogério Cury, voted for the dismissal and was accompanied by judges Luís Paulo Cotrim Guimarães and José Antônio Encinas Manfré. Maria Cláudia Bedotti, Regis de Castilho Barbosa Filho and Claudio José Langroiva Pereira disagree.
The President of the Court, Silmar Fernandes, had to break the tie and voted to dismiss the deputy.
The state deputy’s defense requested an injunction to suspend the effects of the TRE’s decision. The request was accepted in September. Today, after analysis by Minister André Mendonça, rapporteur of the file at the TSE, the appeal filed by the state deputy was rejected, but the defense is trying to delay the final decision.
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