The Regional Electoral Court of Rio de Janeiro blocked this Wednesday (31), by 6 votes to 1, the candidacy of former councilor Gabriel Monteiro (PL) for federal deputy. With the rejection, Monteiro will not be able to use the free electoral time or have access to the Party Fund.
The former councilor can still appeal to the TSE (Superior Electoral Court). Monteiro’s defense says it will appeal.
The majority understanding of the TRE is that the cassation in the Chamber of Rio, on the 18th, must be sovereign.
The former military police officer and youtuber lost his mandate for breach of decorum by 48 votes to 2, after suspicions of having sex with a teenager and forging videos for his YouTube channel.
In June, he was reported on suspicion of sexual harassment and harassment against a former adviser to his office.
For the president of TRE-RJ, judge Elton Martinez Carvalho Leme, Monteiro’s candidacy is “stillborn”.
“We have to walk in harmony with the superior court. We are talking about legal security and, in the electoral field, security belongs to the voter and the vote itself. We cannot, in a stillborn candidacy, due to the gravity of the facts that led to the loss of the mandate , to allow voters to send a dubious message that is extremely bad,” said Leme.
Judge Katia Valverde Junqueira also voted in favor and stated that the decision of the City Council must be respected.
“We are discussing the principle of morality, ethics. It is important to draw attention to the seriousness of the facts involved that emerged in the course of the process. The decision of the City Council is plenary, it cannot be appealed”, evaluated Junqueira.
Sought, lawyer Sandro Figueredo, who represents Gabriel Monteiro, said that the defense will file an appeal with the TSE “because it understands the decision of the lower court to be unfair, as there has not yet been any final conviction against Gabriel Monteiro”.
“In this comparison, it is noted that there are only actions in unilateral Occurrence Records where there is no broad defense and contradictory at this point. The defense is convinced that the decision will be reviewed by the Superior Electoral Court”, said Figueredo.
Gabriel Monteiro is a defendant in the case that investigates the recording of an intimate video in which the parliamentarian appears having sex with a 15-year-old girl. In March, the young woman’s mother approached the police after the videos were leaked on Twitter and WhatsApp groups.
In testimony, the teenager said that the videos were released without her consent and that Monteiro had said that the material was leaked by employees who had “betrayed” him.
Monteiro’s defense claims that his client thought the young woman was of legal age.
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