O caso de uma condenação do vereador Lucas de Lima (SD), e consequente decisões sobre o futuro do mandato, se retira ou mantem, vem a dias sendo “debatido” nas rodas de conversa por Campo Grande, mas principalmente pelo seu suplente, então ‘companheiro’ de partido, o médico Eduardo Cury (SD). O ex-vereador, que também como então substituto, teve entre 2015/2016, um mandato de 1,5 ano, tem a oportunidade de retornar a Câmara da Capital, agora por três anos, com a então ‘cassação’ de Lima. Cury, que entrou na Justiça, mas já perdeu questão, quer ‘cumprir a Lei’ e assumir a vaga. Ele está ‘indo atrás’, onde nesta terça-feira (16), também recorreu a Câmara, que em tese e até por indicação da Justiça Eleitoral, tem que tomar uma posição/atitude diante do caso da perda dos direitos políticos de Lima. O juiz eleitoral oficializou ontem, que cabe a Câmara o afastamento do parlamentar, que pode ainda, ter cometido outro crime, em falsa comunicação.
A perda dos direitos políticos, e por consequência, uma perda do mandato, foi colocada com a condenação de Lucas de Lima, na Justiça Comum, com processo finalizado. Ou na linguagem jurídica, julgamento tramitado em segunda instancia e com sentença condenatória feita por dois colegiados, que faz com que o cidadão, nem possa ser um candidato, diante da Lei da Ficha Limpa. E Lima, antes da eleição em 2016, já sabia da situação, mas encaminhou documentação a Justiça Eleitoral, que por sua vez não fiscalizou por inteiro a questão e avalizou a candidatura vitoriosa de Lima, que foi eleito com 4.256 votos. Contudo, Lima foi condenado em 2012, antes do período eleitoral, pela 5ª Vara Federal da Capital por apropriação indébita. A sentença foi confirmada pelo TRF e ainda pelos STJ (Superior Tribunal de Justiça).
Assim, os advogados de Cury, suplente de vereador do Solidariedade (SD), logo após saberem que a direção da Câmara foi notificada da decisão judicial, hoje por volta das 9h30, encaminharam ainda na manhã de hoje (16), um requerimento ao presidente da Casa de Lei, João Rocha (PSDB), solicitando providências quanto ao informado sobre o trânsito em julgado da condenação por apropriação indébita contra o vereador Lucas de Lima (SD).
O advogado Arthur Vasconcellos Dias, aponta que se espera que a Mesa Diretora da Casa de Leis tome “as medidas necessárias para afastar o vereador e declarar a vacância do cargo”. E com essa medida, “a vaga de Lima deve, após os atos, ser repassada a Cury imediatamente”, avalia Dias.
Aviso oficial da sentença
O requerimento foi protocolado na Câmara por volta das 9h30 desta terça, seguindo orientação do juiz da 44ª Zona Eleitoral, Olivar Coneglian. O magistrado se pronunciou em consulta feita por Cury relativa à possibilidade de Lucas de Lima perder o mandato, diante das previsões da Lei da Ficha Limpa –que torna inelegíveis cidadãos que foram condenados criminalmente por colegiados do Poder Judiciário.
Lima foi condenado em 2012 pela 5ª Vara Federal da Capital por apropriação indébita, depois de vender bens de uma empresa da qual foi sócio e que estavam sob sua guarda na condição de depositário fiel –envolvendo outro processo que tramitava na Justiça do Trabalho. A sentença foi mantida em fevereiro de 2016, pelo colegiado do TRF-3 (Tribunal Regional Federal da 3ª Região), que ainda decretou o cumprimento provisório da sentença.
E ainda depois, a pouco tempo, em dezembro de 2017, a sentença foi referendada pela 6ª Turma do STJ, que ainda declarou o trânsito final, em julgado da ação. Com isso, independentemente de novos recursos, a condenação já poderia ser executada.
Cury correndo atrás
Como todo o histórico em mãos e ao que veio até mais a público, o suplente Eduardo Cury consultou o TRE (Tribunal Regional Eleitoral) sobre os efeitos da condenação criminal à luz da Lei da Ficha Limpa, inclusive solicitando que a própria Corte eleitoral, já decretasse a vacância do mandato de Lima ou oficiasse a Câmara sobre a decisão.
Contudo, como o Página Brazil noticiou ontem (15), o juiz da 44ª Zona Eleitoral, afirmou que tais atribuições não caberiam, neste momento, à Justiça Eleitoral, pois dependiam de outros andamentos da ação criminal. Coneglian, alertou ainda que qualquer interessado no caso poderia acionar o Legislativo da Capital sobre a condenação contra o vereador.
Com isto, o advogado Dias, fez o requerimento e jogou ou aponta que agora, caberá a João Rocha, presidente da Câmara, se manifestar sobre a solicitação. “Seguimos a orientação do juiz e entramos hoje com o requerimento, endereçado ao vereador João Rocha, informando sobre o caso e o trânsito em julgado do processo, para que se tomem as medidas necessárias para afastar o vereador Lucas de Lima e decretar a vacância do cargo”, explicou Dias, que até aponta, que a principio, não tem data para ocorrer.
Porém, Rocha esteve na manhã de hoje no Programa Tribuna Livre, ao vivo, e concedeu entrevista ao Página Brazil, apontando que nos próximos dias será analisada a questão. Até sexta-feira (19), a Câmara deve realizar uma sessão extraordinária, a fim de votar a então também polemica e de interesse de toda população, revogação da taxa do lixo, e, sobre o vereador.
Defesa de Lucas de Lima
O advogado Jeyancarlos Xavier, que defende o vereador, argumenta que a sentença contra Lima não deve resultar na perda do mandato, uma vez que, embora a condenação inicial date de 2012, os fatores geradores do processo são anteriores a 2010, quando a Lei da Ficha Limpa entrou em vigor.
Como ainda, Xavier, vem declarando e recorreu sobre a nulidade ou a prescrição do então crime. “Diante das notícias de que o vereador Lucas de Lima (SD) corre o risco de ter seu mandato cassado, esclarecemos que não cogitamos esta possibilidade, uma vez que o tempo processual se encontra prescrito. Já há recurso em andamento pedindo que a Justiça decrete a prescrição, pois a sentença já tem mais de quatro anos”, apontou Jeyancarlo, que aguarda para os próximos dias esta decisão.
O advogado esclarece ainda que tanto no registro de sua candidatura, quanto na sua diplomação e posse, todas as certidões foram apresentadas, inclusive a que constava este processo e a Justiça Eleitoral deu seu aval ao vereador.
Nesta segunda-feira (15), a declaração de trânsito em julgado da condenação contra Lucas de Lima foi anexada ao processo original, na 5ª Vara de Campo Grande.
Mais complicação
Já o juiz Coneglian, encaminhou outra possível frente, que pode piorar a situação de Lucas de Lima. Embora não tenha atendido diretamente os pedidos de Cury, não aceitando recurso, mas orientando os próximos passos da defesa, Coneglian também solicitou que o Ministério Público Eleitoral apure se o atual vereador cometeu crime de declaração falsa à Justiça Eleitoral.
Isto porque, em seu registro de candidatura ao cargo de vereador, protocolado em agosto de 2016, ele não informou na ficha de inscrição ter sido condenado pelo colegiado do TRF-3 por apropriação indébita. A defesa de Lima descarta que tenha ocorrido crime, uma vez que certidões sobre o julgamento criminal foram anexadas ao processo na Justiça Eleitoral.
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