RIO DE JANEIRO, BRAZIL – The final proceedings of impeachment of the removed governor of Rio de Janeiro, Wilson Witzel, began to be counted as of yesterday, October 5th.
The decision on Witzel’s political future will be made by the Mixed Special Court, comprising five state legislators and five judges from the Rio de Janeiro Court of Appeals (TJ-RJ), which has up to 120 days to complete its work.
Rapporteur Waldeck Carneiro, state legislator, said that removed governor Wilson Witzel has 15 days to submit a preliminary defense in reaction to the charges filed against him.
According to Waldeck Carneiro, after the preliminary defense is submitted, as rapporteur he will have 10 days to issue an opinion, which at this stage will be whether a formal indictment is proper or not; if he deems it appropriate, trial proceedings will begin.
As a result, the Mixed Court has two deliberative stages. The first is to decide on the admissibility, or otherwise, of the indictment and, if accepted, the opening of the proceedings will occur. The second will be the actual judgment on the governor’s impeachment, with the chance of his permanent removal from office.
“I hope to contribute, with my opinion, to enable the Mixed Court to issue an impartial and accurate judgment on the facts. I am awaiting the content of the preliminary defense to be forwarded by the removed governor. This preliminary defense, no doubt, is a very important element for the production of my opinion,” said the rapporteur on Monday.
Charged with a crime of accountability, Governor Witzel has been removed from office twice. In the first decision, Superior Court of Justice (STJ) Judge Benedito Gonçalves removed him from office for 180 days, starting August 28th.
After that, by a vote in plenary session of the Legislative Assembly of Rio de Janeiro (ALERJ), the state legislators decided to proceed with the governor’s impeachment by creating a mixed court. Upon notification and establishment of the court, the governor was again removed for another 180 days.
Now, should there be a tie in the final decision by the Mixed Special Court, the casting vote will fall to the TJ’s chief judge Claudio de Mello Tavares, who also presides over the Mixed Court. To dissolve Wilson Witzel’s mandate, the votes of seven out of the ten members will be required, that is, two-thirds of the total composition.
Source: Agência Brasil