MP-MS (Ministério Público Estadual de Mato Grosso do Sul) recorreu em agravo apresentado ao TJMS (Tribunal de Justiça) da decisão que que removeu da lista de acusação da Operação Coffee Break o ex-governador André Puccinelli (MDB) por unanimidade, após julgamento na 1ª Câmara Cível.
O político foi investigado por supostamente participar de esquema montado para cassar o então prefeito de Campo Grande, Alcides Bernal (PP). O procurador Sérgio Morelli argumenta que a decisão desconsiderou a petição inicial, que descreveu ‘de forma minudente a participação de André Puccinelli no mencionado esquema ilícito engendrado para cassação do então Prefeito Municipal, o que teria sido efetivado mediante a cooptação de vereadores em reuniões realizadas com este propósito’.
O Ministério também rebateu os votos que apontaram que o órgão acusou o ex-governador de ato de improbidade administrativa ‘somente por aconselhamento político’. “Em verdade, o ponto nevrálgico do caso está na existência de indícios robustos de que o embargado concorreu para o intento ímprobo de cassar o então Prefeito desta capital não por questões políticas, mas sim para patrocinar o interesse de grupo empresarial radicado nos governos anteriores, tendo atuado de modo incisivo no processo de cooptação dos vereadores”.
A defesa alega que Puccinelli exercia o cargo de Governador do Estado, à época dos fatos, e era , portanto, ‘parte ilegítima para integrar o polo passivo da demanda, porquanto não lhe foi atribuída a prática de ato administrativo, de gestão pública no exercício da função de Governador do Estado, que tenha causa do enriquecimento ilícito ou mesmo prejuízo ao erário público, mormente porque sequer possui competência para decidir a respeito do julgamento de Prefeito Municipal por infração político-administrativa, a qual compete à Câmara de Vereadores’.
Após as alegações da defesa, o desembargador Sérgio Martins intimou nesta semana o Ministério Público para se manifestar em até dez dias úteis.
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