Court grants injunction, alters São Paulo president impeachment rules | OneFootball

By Thais Bueno

In a decision issued last Monday, the 3rd Civil Court of Butantã granted an injunction that introduced new changes to the criteria for approving the impeachment of President Julio Casares, from São Paulo. The vote will be conducted in a hybrid manner.

The impeachment vote for Casares is scheduled for this Friday at 6:30 PM (Brasília time). Initially, the President of the Deliberative Council, Olten Ayres, had determined that the meeting would be held 100% in person.

The action was filed by councilors Caio Forjaz, Daniel Dinis Fonseca, Fabio Machado, José Medicis, José Carlos Ferreira Alves, Kalef João Francisco Neto, Marcelo Portugal Gouvêa, Miguel de Sousa, and Waldo Jose Valim Braga. It was later filed in court by lawyer Amanda Nunes.

The councilors believe that the quorum would be low if it were held 100% in person, also considering that many are on family vacations. The hybrid format, therefore, would allow everyone's participation. The request was accepted by Judge Luciane Cristina Silva Tavares.

According to reports, São Paulo will appeal the decision in defense of the president.

Change in Quorum

There was also a change in the quorum necessary for the approval of the impeachment of the president of São Paulo.

The judge understands that 75% of the councilors (191 councilors) are needed for the meeting to take place, but the impeachment can be approved with the favorable votes of two-thirds of the councilors (171), as it would have been before the Deliberative Council accepted a request from Casares' defense.

In the decision, which Gazeta Esportiva accessed, the magistrate indicated the following: “Observing both statutory provisions, it is noted that art. 58, §2° establishes the quorum for voting, that is, the minimum number of councilors present, while art. 112 provides the number of votes necessary for the removal of the President. Thus, the second notice is correct, which provides for a minimum quorum of 75% of the Council members for the meeting aimed at deliberating the removal of the President of the Board.”

In the new scenario, therefore, 171 votes in favor, out of 254 councilors, will be necessary, either in person or hybrid, to approve the removal of Casares. If the impeachment does not pass in the Council, the case will be closed.

Who assumes in case of impeachment?

If the removal of Casares is approved by the councilors, the process moves to the last instance: the General Assembly of Members. In this scenario, he would remain suspended from his duties until the final result is announced, and the presidential seat would be assumed by the vice-president, Harry Massis Júnior.

In the General Assembly, if the members endorse that Casares should leave the position, the leader will be definitively removed. Conversely, if the impeachment does not pass in the Deliberative Council, the case will be closed.

This article was translated into English by Artificial Intelligence. You can read the original version in 🇧🇷 here.