Former Rio de Janeiro councilor, Jairo Souza Santos Júnior (Dr. Jairinho), appealed against the revocation of the mandate, which took place at the City Council in June. The defense presented a writ of mandamus at the 7th Public Finance Court of the Court of Justice of Rio de Janeiro (TJ/RJ), in which it asked for the nullity of the legislative decree approved by then colleagues at the Pedro Ernesto Palace.
In justifying the action, lawyer Berilo Martins Netto, who represents Jairinho, argues that there was no breach of parliamentary decorum by the client, and that the principle of presumption of innocence was not respected by the City Council. In addition, the defense says that the crimes imputed to Jairo are not included in the regimental provisions that constitute a breach of decorum.
Jairinho’s mandate was unanimously revoked: there were 49 votes to zero. The only absence on the occasion was councilor Dr. Gilberto (PTC), who had been on sick leave due to dental surgery. With the removal, the mandate was assumed by the substitute Marcelo Diniz (Solidarity), former president of the Muzema Residents Association, community of Itanhangá, West Zone.
The doctor is accused of killing four-year-old stepson Henry Borel de Medeiros, with the participation of the child’s mother, with whom he was dating, teacher Monique Medeiros. The two have been imprisoned since April this year, in prison started as provisional and converted into preventive. The duo was denounced by the Public Ministry (MP/RJ) for triple-qualified murder: for a shameful motive, without offering a chance to defend themselves and employ a cruel means.
Although there is still no scheduled date for the trial, the lawyer believes that the process should only move forward in 2022, after the recess of the Judiciary. Sought to take a stand on the action proposed by the former councilor’s defense, the City Council said it has not yet been notified.
On December 14 and 15, there will be a new investigation and trial hearing to hear the defense and prosecution, at the Jury Court. Among the likely deponents are Henry’s maternal grandmother, Rosângela Medeiros da Costa e Silva; Jairinho’s sister, Thalita Fernandes, and current state secretary of civil police Allan Turnowski.
The first hearing took place on October 7, lasted more than 14 hours, ended at dawn and heard ten people. Among them, the delegate responsible for the investigation, Henrique Damasceno, the boy’s father, Leniel Borel, and doctors at the hospital where the child was taken and where the death was confirmed.
Reference: CNN Brasil
