Councilman Gabriel Monteiro (PL) presented, on the afternoon of this Monday (9), the preliminary defense in the process of removal from office. He had until the end of the day to file documents that prove his version of events.
Now, the Ethics Council will hear witnesses and gather documents and evidence, within 30 days, which can be extended for another 15 days. The rapporteur must present the opinion within 5 working days after the collection of information.
The entire process of canceling the mandate can last up to 90 days, so the final outcome can be left for the month of July. Gabriel Monteiro was notified about the opening of the procedure on April 25, after three unsuccessful attempts.
The Justice and Writing Committee of the Chamber decided, this Monday (9), not to receive the appeal presented by Monteiro’s defense. The request sought to interrupt the process that could lead to the loss of the councilor’s mandate.
“There is no legal appeal at this time, only after the Ethics Council has reached a conclusion. That is why it is totally unacceptable, regardless of any statement made in it”, said the Commission’s rapporteur, councilor Dr. Gilberto (PTC).
The decision should be published in the Official Gazette this Tuesday (10).
Monteiro’s lawyers argued that there was a defect in the production of evidence and in the opening of the process. The councilman’s defense says that, due to the way in which the procedure was opened, it could result, at most, in a warning, instead of losing the mandate. But the appeal was not accepted by the Chamber.
The councilor published, on Friday (6), a video in which he denied the accusations.
“They are trying to put my social action as if it were a pedophilia. Nobody heard the child’s mother, who was next door. I had to undergo a psychodiagnosis that demonstrates that I have not committed any act of pedophilia, that I do not have any wrong, sexual behavior against children”, argued the parliamentarian.
New indictment is filed
This Monday (9), the Justice and Writing Committee of the City Council of Rio decided to file the new representation that had been filed by the Commission on the Rights of Children and Adolescents of the City Council of Rio against Councilman Gabriel Monteiro.
The Justice and Writing Committee assessed that this complaint did not bring new facts related to the process already underway.
In this representation, the parliamentarian is accused of distributing drugs to minors, practicing serious threats and filming and storing sexual content with minors.
About this representation, the councilor wrote on social media about the possibility of losing the mandate.
“I can be impeached now for drug trafficking. Even without any drugs, without [ser] buyer/user, with a report showing that I had no contact with illicit substances,” said Monteiro.
Here’s how the process for analyzing the removal from office works, according to the Rio Chamber:
- Once the defense is presented, the investigation phase of the process begins, for a period of up to 30 days, extendable for another 15 days;
- Once the instruction is completed, the rapporteur gives an opinion within five working days, concluding that the representation is valid or that it is archived;
- If the opinion is based on the merits of the complaint, a period of five days is opened for the presentation of final arguments by the defense of the accused;
- The rapporteur’s opinion is submitted to the Ethics Council for deliberation within five working days, being considered approved if it obtains an absolute majority of the votes of its members;
- Once the process in the Council is concluded, with a favorable opinion on the complaint, the process is forwarded to the Board of Directors and included in the Agenda.
The punishment is decided in an open vote in the Plenary, with the right to speak by parliamentarians and the defense during the session, decided by two thirds of the councilors (34 votes) in case of cassation or absolute majority in case of suspension.
Source: CNN Brasil
