At least five secretaries or first-class occupants of the City Hall of Ribeirão Preto (313 km from Sao Paulo) left on vacation and campaigned for the mayor re-elected Dárcy Vera (PSD).
According to prosecutor Antônio Alberto Machado, who has asked the courts to dismiss Dárcy’s candidacy for abuse of political power and authority, commissioned officials can not campaign politically during or off work hours because they are at the disposal of the administration at all times.
“This information that they can campaign outside of work hours does not exist. They are on duty 24 hours a day.”
For him, the commissioners also carry the political representation of the post, which is placed at the service of the candidate. “This is illegal.”
Lawyers, judges and even a former electoral prosecutor heard by Folha say, however, that the case is controversial.
The former prosecutor, who declined to identify himself because he did not act in office, says that article 73 of Law 9,504 / 97 prohibits the employment of public servants to carry out an election campaign, but recalls that there are “attempts to circumvent this prohibition , Giving holidays to employees.”
The founding partner of the Institute of Political and Electoral Law, Eduardo Nobre, and the chairman of the OAB-SP Electoral Studies Commission, Silvio Salata, say, on the other hand, that there is no law that prevents the commissioned server from campaigning politically On time or on vacation.
The report confirmed, in the city hall itself, that Osvaldo Braga, head of the General Inspectorate, took 40 days of vacation between August and September. Social Assistance Secretary Maria Sodré has amended three consecutive vacations, from July to November
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