After accusations, Justice annuls inauguration of State Councilors for the Promotion of Racial Equality in Amazonas

The members filed the complaint right after the swearing-in ceremony (Reproduction/Carlos Alessandro)

Priscilla Peixoto – Cenarium Magazine

MANAUS – On Thursday afternoon, 16, the Court of Justice of Amazonas (TJAM) annulled the inauguration of the Amazonas State Councilors for the Promotion of Racial Equality (Cepir), held in early November this year, at the State Legislative Assembly (Aleam). The decision was signed by the titular judge of the 4th Court of the Public Treasury of Manaus, Paulo Fernando de Britto Feitoza. In addition to the annulment, the magistrate stipulated a fine of R$ 10 thousand per day in case of noncompliance with the Court Decision.

“Given the above, in retraction judgment, the requested injunction is granted so that the IMMITTED AUTHORITY, or whoever does the same, ANNUL the inauguration and the election of the presidency and the board of Cepir, held on November 9, 2021, in 48 (forty-eight) hours from the receipt of the summons of this decision, under penalty of answering the respondent, for non-compliance with this, with a daily fine of R$ 10. 000.00 (ten thousand reais), without limit of days”, says the document ordered by the judge.

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The determination came after ten councilors, divided between substitutes and full members, linked to the Black Movement, claim not to have been invited to the swearing-in ceremony mediated by the secretary of Sejusc, Mirtes Sales. In addition, they denounced other episodes that they consider institutional racism in the State Secretariat of Justice, Human Rights and Citizenship (Sejusc).

In the document, the judge understood that there was no transparency in the choice of members of Cepir, which harmed the members of the Black Movement. “It is clear that the plaintiffs truly lacked information, transparency and time to prepare about the realization of the act of their investiture in Cepir and, therefore, the acts of election of the president and board, in real affront to constitutional principles of legality, impersonality, as well as the State Law No. 2794/2003, which demonstrates the existence of illegality vice in the administrative procedure adopted by the authority”, points the decision.

Excerpt from the document (Reproduction/Disclosure)

Satisfaction and justice

For Alberto Jorge, full councilor of the Toy Badé Cultural Development Association, elected for the civil society vacancy, the determination shows that the alleged facts are true. “Justice may take a long time, but it comes. Our feeling is one of satisfaction, this shows who in reality are the ones with bad intentions in this story. And I take this opportunity to refer to the secretary Mirtes Sales, that she should resign from her position, she doesn’t have the least condition, formation, and sensibility to occupy such a relevant position”, highlighted Alberto Jorge.

According to Luciana Santos, member of the Black Movement and representative of the Racial Equality Commission of the OAB Amazonas, the decision contributes for the procedures to be carried out in a correct and fair way. “Having a strong and active Cepir has been the struggle of the Black and Axé movement for the last ten years. Episodes like these hinder our focus and our advancement”, comments Luciana.

Read also: In the AM, committee alleges institutional racism and refuses to take office in the Council of Racial Equality

Remember

Part of the Amazonas State Councilors of Racial Equality refused to take office during a ceremony held on November 9, at the State Legislative Assembly (Aleam). The counselors, divided between substitutes and full members, linked to the Black Movement, claim that they were not invited to the event, and denounce other episodes of institutional racism within the State Secretariat of Justice, Human Rights and Citizenship (Sejusc).

During the occasion, mediated by the secretary of Sejusc, Mirtes Sales, the members listed a series of errors, failures and exclusionary attitudes, besides the lack of black representation in the movements. Altogether, there were 24 vacancies for public administration bodies and civil society, integrating the Council of Racial Equality, created by state law 4.367. But according to the movement, the lack of transparency in the actions involving the electoral process of the council, in addition to the non-communication of the inauguration ceremony for part of the interested parties, culminated in what members classify as “irregular possession” in Aleam.

Registration of the inauguration ceremony (Denise Pêgo/ Sejusc)

According to Luciana, the circumstances that occurred since the beginning of the elections and post-elections were considered demonstrations of institutional racism, and this is one of the points filed in the complaint to the Public Ministry of the State of Amazonas, (MPE). The members claim that they were victims of racism in a WhatsApp group created by Sejusc itself.

Sought by CENARIUM, Secretary Mirtes Salles said there is no kind of attack and no irregularity in possession. “They arrived there trying to disrupt the inauguration of the new councilors. The others present began to speak out, saying that they wanted the inauguration, yes, they did. The act was just a formality, so that the council could hold its first meeting and the election. We have no management over these internal fights that seem to come from some time ago”, said the secretary.

Positioning

According to the lawyer Luciana, from now on we have to wait if the other party, once notified about the decision, decides to appeal or not: “I hope that the State does not appeal, since the investiture occurred in disagreement with several principles that govern the public administration. Besides the formal part, I believe that it is in the government’s interest to advance in public policies regarding racial equality in the state, which is the main objective of Cepir”, says the lawyer.

According to Pai Alberto, in a meeting with secretaries and state representatives, whatever was decided by the Justice will be respected. “What we ask now is the fulfillment of the law, and we hope they will honor their word. We don’t ask for anything more than that”, stresses the counselor.

To CENARIUM, the Secretary of Justice, Human Rights and Citizenship (Sejusc) informed that it has not yet received the notification of the suspension of the tenure of the State Councilors of Racial Equality and Promotion. According to the folder, as soon as it receives it officially, it will take the necessary steps in relation to the matter.

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