
Special Body of the São Paulo Court of Justice confirmed an injunction that keeps the delegate in office until a final decision
AI-generated summary
Da Cunha was fired in September 2024 by Tarcísio de Freitas after an administrative process that began in 2020. The case involves the staging of a police operation for personal marketing purposes.
Federal deputy for União Brasil, Da Cunha was fired on September 3 by governor Tarcísio de Freitas (Republicans), with the application of the penalty of dismissal for the good of public service. On the same day, the TJ-SP suspended the punishment after an appeal by the defense. Now, the Special Body confirmed the injunction.
As a result, Da Cunha remains a member of the Civil Police until a definitive decision is made. The merits of the action have not yet been analyzed.
The São Paulo government defended the legality of the process and told the TJ, according to Folha, that the procedure followed due legal process. The Tarcísio management also maintained that the dismissal occurred due to the seriousness of the facts discovered, the repercussions on the Civil Police and the violation of functional duties.
Da Cunha was fired after an administrative process that investigated his role in a 2020 kidnapping incident, in the East Zone of São Paulo.
According to the process, after police officers located the captivity, arrested a suspect and released the victim, Da Cunha ordered the two to return to the location so that the operation could be reenacted in front of cameras. The images were published on the delegate's social networks and distributed to television stations.
Police officers interviewed by the Internal Affairs Department said they tried to convince him to give up the act. Da Cunha later acknowledged that the images showed a staged operation, but stated that it was a “simulated reproduction” of the events.
The disciplinary process had been ongoing since 2020. The Civil Police recommended dismissal in 2022, and the procedure went through different administrative stages until the governor's decision, published in the Official Gazette on September 3.
At the time, Da Cunha was already removed from police duties to serve as federal deputy. Hours after the publication of the dismissal, the TJ-SP granted the injunction suspending the punishment.
AI outlook — possibilities, not facts
Judgment of the merits of the action by the TJ-SP
Very likely · Within months

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