The session was suspended at 12:14 pm for the lunch break and is scheduled to resume at 2 pm. Until the break, the reading of the Processing Committee's final report had not yet been completed. After this stage, the councilors' speeches are planned, the presentation of the defense of Mayor Yan Lopes (Podemos), who will be able to speak for up to two hours, and, finally, the roll call vote on the accusations. To approve the revocation, at least eight votes in favor are required.
During the reading, councilor Fran Miranda (PL), president of the Processing Committee, also explained a defense question about Mayor Yan Lopes' notification. The lawyers claimed that he should have been notified personally during the acts, but Fran stated that the communication made to the defense lawyer already met the legal requirements. She detailed the bureaucratic procedures that created obstacles throughout the process and highlighted that Yan was notified as provided for in the legislation. Therefore, according to the councilor, there is no impediment for the trial to continue in the Chamber.
While the Caçapava Chamber votes on the request for impeachment of Mayor Yan Lopes (Podemos), two of the 11 councilors are outside the country. Dandara Pereira Gissoni (PSB) and Rodrigo Meirelles (PL) traveled to Europe last week and visited Portugal and France. This Monday (9), they arrived in Türkiye, where they will participate in COP 31, the UN conference on climate change.
Dandara even asked for authorization to participate in the vote remotely, through a hybrid system, but the request was denied by the president of the Chamber, Adilson Henrique (PL). According to the Legal Attorney's Office, there is no provision for sessions in this format in municipal legislation or internal regulations.
With the two absences, nine councilors participated in the trial in person. Even so, at least eight votes in favor are needed to approve the revocation of the mayor's mandate.
While reading the report, councilor Fran Miranda (PL), president of the Processing Committee, also commented on another request for impeachment presented by the defense. The lawyers questioned the participation of councilor Dani Galdino (Republicans) in the commission, claiming that she had already requested documents from City Hall about the use of public transport resources even before the complaint was presented. Fran highlighted, however, that Dani did not participate in the process as a whistleblower: she was selected to join the commission, responsible for analyzing the case, and fulfilled her role as a councilor.
During the reading of the report, councilor Fran Miranda (PL), president of the Processing Committee, also cited a request for impeachment presented by Mayor Yan Lopes' defense. The lawyers claimed that Fran had a family connection with the mayor as she was his third-degree aunt, which, in the defense's opinion, would compromise her participation in the commission.
Fran stated that the request has no legal support. According to her, the relationship mentioned is not among the cases provided for in the legislation to characterize impediment. The councilor also defended the legitimacy of her election and stated that the exercise of the parliamentary mandate is not invalidated by family relationships with another member of political life.
The decision on the impeachment is up to the councilors because the legislation determines that the judgment of political-administrative infractions committed by mayors is made by the City Council.
The Processing Committee is responsible for investigating complaints, listening to those involved and preparing a report with its conclusions. The councilors, gathered in plenary, analyze the document, listen to the mayor's defense and vote on the accusations.
Of the 11 councilors of Caçapava, nine are present at this Tuesday's session (10). Even with the two absences, at least eight votes in favor are needed to approve the revocation of Yan Lopes' mandate.
The final report of the Processing Commission recommended the impeachment of Yan Lopes because the Commission considered the complaints against the mayor to be valid. The investigation found two main points:
- Use of R$2.1 million from the Municipal Transport and Traffic Fund: the money, collected from traffic fines, would have been used to subsidize part of the bus fare. The complainants question the allocation of the resources, since the Brazilian Traffic Code determines that revenue from fines be applied exclusively to actions related to traffic.
- Lack of response to requests for information: the commission also investigated whether the mayor failed to respond to requests approved by councilors requesting information about the use of money from the fund.
The session will follow these steps, according to the planned schedule:
1. Reading of the process and report: Fran Miranda, president of the Processing Committee, reads the 78-page document. The report recommends the mayor's impeachment.
2. Lunch break: a one-hour break is planned.
3. Speeches by councilors: each parliamentarian will have up to 15 minutes to speak.
4. Mayor's defense: Yan Lopes or his lawyer will have up to two hours to present the defense. The mayor intends to speak in person.
5. Voting: councilors vote on the charges individually, by roll call.
