2024-03-14 15:46:32
Judge argued that STF jurisprudence establishes that suspension of remuneration violates the presumption of innocence
Bruno Spada/Chamber of Deputies Court decision suspends order to return salaries received by former minister Anderson Torres during period of preventive detention; value totaled R$87 thousand
A Federal Court of Brasilia suspended, this Thursday, 14th, the order to return the salaries received by the former minister Anderson Torres during the period in which he was in pre-trial detention last year. The former minister was arrested between January and May 2023, accused of omission during the acts of January 8, when he was Secretary of Security of the Federal District. As he is also a delegate of the Federal Police (PF) and at the corporation he was the target of an administrative disciplinary process (PAD), which determined the return of his salary and food allowance amounts. Torres filed an administrative appeal, but the Union understood that “the absence of a public servant from work due to the execution of preventive detention does not constitute a suitable motivation to authorize the maintenance of payment of remuneration”. The total amount to be returned is R$87,000, but judge Gabriel Paiva, who acts as a substitute in the 16th Court, agreed with Torres’ request and considered the return of wages illegal.
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According to the judge, the jurisprudence of the Supremo Tribunal Federal (STF) establishes that the suspension of a public servant’s remuneration during preventive detention violates the presumption of innocence. Therefore, he considered illegal the order to return the salaries and food allowance received by Torres during the period in which he was detained.
*Published by Heverton Nascimento
*Report produced with the help of AI
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