The public ministry should not be subordinated to the political interests or personal projects of its members. Based on this agreement, already signed by the Federal Supreme Court, Minister Gilmar Méndez canceled the paid leave granted to two São Paulo prosecutors to participate in this year’s elections.
The Brazilian Lawyers Association for Democracy (ABJD) has challenged the temporary and paid suspensions of Antonio Farto (PSC), pre-state candidate for São Paulo, and Gabriela Manssour (MDB), pre-federal candidate.
The licenses were issued last May by Sao Paulo Attorney General Mario Luis Sarrubbo. Two prosecutors have received permission to receive salaries for six months while they devote themselves to the election campaign. If they are not elected, they return to their duties in Parliament.
Five councilors of the MP-SP Supreme Council expressed their disagreement with the issuance of licenses. However, Sarrubbo confirmed this decision, arguing that it would be exclusive attribution to PGJ. He also said at the time that the removal would be part of a “national strategy” to increase MP’s representation in Congress.
According to the ABJD, permitting a license is contrary to STF jurisprudence: “If they intend to participate in elections, prosecutors and prosecutors must demand dismissal.”
In his decision, Gilmar recalled that the Plenum of the Supreme Court had already established in ADI 2534 “an absolute ban on any form of political party activity, including affiliation with political parties” for deputies who joined the institution. after 1988.
The promulgation of the Constitution is a milestone for prosecutors, who can no longer participate in elections and refuse to pay. Farto has been a Member of Parliament since 1990 and Mansour joined the body in 2003.
The Court understood that such “obstruction of the party’s political activities is an instrument aimed at preserving the autonomy of the government ministry in accordance with the prohibition on the practice of law.” Thus, the STF concluded that even a license or removal is not enough to legitimize such activities.
Already in ADPF 388, the court realized that the prohibitions provided for by the Constitution “are valid until the final severance of connection with the institution occurs.” That is, even with a license, members of parliament cannot hold public office outside the institution, with the exception of teaching positions.
Kenari Bujikyan, retired judge of the Court of Sao Paulo and member of the ABJD has already indicated in a column in Conjurinadequate practice of MP-SP.
In Mato Grosso do Sul, PGJ Alexandre Magno de Lacerda also granted paid leave to State Attorney Sergio Arfosche (Avante), a tentative candidate for the Senate. In the electoral court, he stated that he was a retired prosecutor.
In Santa Catarina, a motion was filed by the prosecutor to remove him from participation in the October elections, but the preliminary candidate himself withdrew, fearing that the district electoral court would interfere with registration.
Bujikian praised Gilmar’s decision: “If you open this door, you open the door to the future. And the system will fail. Violation of the Federal Constitution is extremely serious. But in Brazil it was naturalized.”
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