Delegate from AM tries to withdraw from the air a story of CENARIUM and TV Cultura and is barred by Justice

The request of the defense of Police Station Chief Mário Jumbo Aufiero, to withdraw the investigative report published, was denied by Judge Antônio Carlos Marinho Bezerra (Reproduction/Internet)

March 10, 2022

09:03

Eduardo Figueiredo and Marcela Leiros – from Cenarium Magazine

MANAUS – The request of the defense of the delegate Mario Jumbo Aufiero, to withdraw the investigative report published by the CENARIUM AGENCY and reproduced by the portal of TV CULTURA, was denied by Judge Antonio Carlos Marinho Bezerra of the 12th Court of the Special Civil Court of Amazonas.

The judge’s decision denied the injunction, requested by Aufiero’s defense, which alleged that the report about the Amazonas Civil Police Commissioner, Mário Jumbo Aufiero, receiving R$ 43 thousand salary without working for 15 years would be “offensive”.

The magistrate understood that “the scenario involving the author, who is a public person, had been published in November 2021, therefore, about three months [prior to the action for guardianship] and therefore “eludes the granting of injunctive relief sought by the plaintiff.

Excerpt from the decision (Reproduction)

“In this summary cognition judgment, I understand that the elements of conviction that support the initial petition do not evidence, sufficiently, the probability of the right claimed to entail the granting of the provisional protection requested resulting from the exercise of the summary cognition of urgency”, the judge quoted.

Excerpt from the court decision issued by Judge Antônio Carlos Marinho Bezerra (Reproduction)

According to CENARIUM‘s investigative report, Mario Jumbo Aufiero was forced to return to normal activities, in the Civil Police of Amazonas (PC-AM), after 15 years exercising the presidency of the Association of Police Delegates of the State of Amazonas (Adepol-AM). During this period, he received a monthly salary of up to R$ 43 thousand from the General Police Station.

Read also: In the AM, commissioner received R$ 43 thousand without doing work for 15 years; Justice determines return to work

Understanding the case

In November last year, CENARIUM published a story about the decision of the judge Airton Luís Corrêa Gentil, from the Amazonas Court of Justice (TJAM), which forced the Amazonas Civil Police Commissioner, Mario Jumbo Aufiero, to return to his normal activities after 15 years in the presidency of the Association of Police Delegates of the State of Amazonas (Adepol-AM), receiving up to R$ 43 thousand in salary from the General Police Station.

Excerpt from the Transparency Portal with Mário Aufiero’s salary (Reproduction)

After opinion of the prosecutor Maria Jose da Silva Nazareth, the Public Ministry of Amazonas (MP-AM), which pointed out that “both the General Law of Civil Servants of the State of Amazonas and the Special Law, referring to the Civil Police of the State of Amazonas, limit the granting of special leave for the exercise of class mandate”, the judge decided, then, to revoke the injunction itself, forcing Aufiero back to work.

At the time, the Government of Amazonas, through the General Office of the Civil Police (DG), justified that the limit provided by art. 129 of the Civil Police Statute was exceeded. In the suspension, according to the judge, Aufiero “omitted, intentionally, the existence of previous injunction (0710767-36.2021.8.04.0001) with identical elements of the action (parties, cause of action and request), extinguished without resolution of the merits by withdrawal.

Excerpt from the decision (Release/TJAM)

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