Councilman Chico Alencar (PSOL) was chosen today (12) as rapporteur of the disciplinary process, in the Council of Ethics and Parliamentary Decorum of the Chamber of Rio de Janeiro, which could lead to the removal of the mandate of councilor Gabriel Monteiro (PL). It was also decided at the meeting to include new complaints against Gabriel Monteiro, which will be forwarded to the Board of Directors of the House for consideration of new videos received by the Ethics Council.
“The parameter is not a party program, it is not ideology, it is ethics and parliamentary decorum. So neither protection nor persecution. Neither esprit de corps nor spirit of a pig. Exemption, firmness and serenity: it is in this sense that I will fulfill this task”, emphasized the rapporteur drawn.
Councilor Alexandre Isquierdo (União Brasil), president of the Council of Ethics and Parliamentary Decorum, said that the representation should return to the Board of Directors and the Justice and Writing Committee due to the inclusion of new complaints involving Monteiro. “The amendment to the representation of the case of councilor Gabriel Monteiro was unanimously accepted,” he said.
The Board of Directors of the House will now evaluate the inclusion of the new complaints and the formal aspects of the accusations and will send them to the Justice and Writing Commission against Monteiro. If the opinion is approved, the representation returns to the Ethics Council, so that the rapporteur can quote the councilor, who will have a period of 10 days to present his prior defense. From there, the so-called instruction phase of the process for breach of parliamentary decorum begins.
Next steps
The amendment to the representation, with new complaints, will be forwarded to the Board of Directors, which analyzes its formal requirements and forwards it, within three working days, to the Justice and Writing Committee. Upon receipt of the document, the Justice and Writing Committee analyzes, within five working days, whether the procedural document contains any legal defects. If the opinion is positive, it is forwarded to the Ethics Council.
Upon receiving the amendment to the complaint, the case rapporteur at the Ethics Council cites the represented councilor within five days. From the citation, the rapporteur opens a period of 10 working days for the councilor to present a prior written defense and evidence.
Once the defense is presented, the investigation phase of the process begins, for a period of up to 30 days, renewable 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.
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