Justice releases Otávio Lessa's tenure as president of Arsal after new decision

The president of the Court of Justice of Alagoas (TJAL), judge Fábio Bittencourt, overturned, this Friday (6), the decision that prevented Otávio Lessa from assuming the presidency of the Alagoas Public Services Regulatory Agency (Arsal).

With this, the appointment becomes valid again, and he is authorized to take up the position. The decision responds to a request from the Government of Alagoas and Arsal itself.

The appointment had been suspended at the beginning of the week, following a lawsuit filed by the elected governor JHC (PSDB), who questioned the legality of the choice.

The dispute began at the end of October, when Lessa was appointed to command the agency by the acting governor, Marcelo Victor (MDB).

His name was approved by the Legislative Assembly on October 28th. The appointment was signed the following day and published in the Official Gazette on October 30.

The choice, however, was challenged by JHC in court.

In a decision signed on Sunday (1st) and released on Monday (2nd), judge Léo Dennisson Bezerra de Almeida suspended the appointment and prohibited Lessa from taking office or exercising the functions of president of Arsal.

The judge pointed out signs of possible misuse of purpose, considering that the vacancy had been open since September 2024, but was only filled after the elections.

It also took into account the speed of the process and a recent change in legislation, which established five-year terms for the agency's directors.

With the suspension, the current CEO, Camilla Ferraz, should remain in her role.

After the suspension, the Government of Alagoas and Arsal appealed to the Court of Justice to try to reinstate the appointment.

When analyzing the request, judge Fábio Bittencourt understood that no concrete evidence of illegality or misuse of purpose was presented that would justify the suspension at this stage of the process.

He also highlighted that the appointment followed the rules set out in state legislation, including approval by the Legislative Assembly.

Another point considered was the performance of the judge who granted the first decision. According to Bittencourt, an emergency situation was not demonstrated that would justify analyzing the case during the judicial shift.

In addition to releasing the appointment, the president of the TJAL ordered the case to be sent to the General Inspectorate of Justice, which must evaluate the performance of the magistrate responsible for the initial suspension.

The new decision allows Otávio Lessa to take office and exercise the presidency of Arsal, but does not mean that the Court has considered the appointment definitively legal.

The action presented by JHC will continue to be processed, and the legality of the choice may still be analyzed by the Court.