Arrested for corruption, José Melo receives monthly pension of R $ 15 thousand state governmentThe pension is granted to him for being former governor.
Former governor of Amazonas Jose Melo (Pros), arrested more than one hundred days on suspicion of benefit from a scheme that would have diverted over R $ 110 million from government coffers and impeached by buying votes with public money, receive a special pension amounting to R $ 15 thousand a month. Melo considers unjust imprisonment.
Since May last year, when his term was suspended, the state government has paid R$ 169.575,56 Melo, who was remanded in custody in December 2017, the operation Political Cost, by the Federal Police.
The Federal Public Ministry (MPF) denounced, in February, Melo and five other former secretaries on charges of participating in a criminal group that diverted money from the Amazon Health and used the money to pay for perks suspects.
Taken discounts, Melo receives liquid state R$ 12.569,73 depending on the pension granted to him for being former governor.
The Secretary of State of Amazonas Administration (Sead), which manages the government payroll, It reported that the payment to Melo is done in compliance with state law and cited that Article 278 the Amazonas State Constitution grants the former governor revoked the pension because it guarantees the benefit to all who occupy so “permanent” office.
technical expertise of Sead and State Attorney General (Intoxicated) They were also favorable to the payment of pension.
Benefit has come into discussion in the Supreme
The pension for former governors has been discussed in the Supreme Court (STF), but eventually filed without resolution of merit. In April 2014, Minister Gilmar Mendes considered the direct action of unconstitutionality (ADI) impaired because, In this ocasion, there was a device revocation of the Amazon Constitution that was being questioned.
The ADI was presented by the Bar Association of Brazil (OAB), who also questioned the payment in other states. According to the argument of the institution in the process, such payment is not planned and not authorized by the Constitution because it is “remuneration” who has no public office. They also argued at the time that pensions are granted from age and time of minimum contribution.