There were 86 votes in favor and none against; no abstentions and no blank votes. The suspension is unprecedented at the Legislative House of São Paulo and occurred after a consensus at the Colégio de Líderes.
In December 2020, an Alesp security camera caught it when the deputy ran his hand over his colleague’s bosom in the plenary, in a hug from behind, during the vote on the state budget for 2021.
The six-month punishment implies the interruption of Cury’s term and office, with the consequent inauguration of the alternate, who may form his own team. Who should assume is the former deputy Padre Afonso (PV), who was part of the coalition that elected the deputy in 2018.
In a note, Isa Penna commemorated the decision and said that the Assembly will not accept harassment (read more below). Cury, on the other hand, said he received “with serenity and in a respectful manner, the decision of the plenary session of the Legislative Assembly of São Paulo, determined by fellow deputies”.
The decision that approved the resolution this Thursday is unprecedented at Alesp – a deputy had never been suspended. The House has a cassation episode, in 1999, by ex-deputy Hanna Garib, accused of involvement in the so-called “Tax Mafia”.
The six-month suspension is a tougher punishment than that suggested by the Alesp Ethics Council, initially scheduled for 119 days. The period, however, would not have any impact on Cury’s mandate, since it would allow the work in the office to continue and funds to be maintained. A meeting that took place this Thursday morning with the College of Leaders managed to change the deadline, agreeing the suspension for 180 days.
When the case reached the plenary of the House, the new president, Carlão Pignatari (PSDB), even tried to prevent the deputies from proposing tougher punishments to Cury, and indicated that they should stick to the opinion of the Ethics Council.
Pignatari was more flexible after deputies Isa Penna and Emidio de Souza (PT) called the Justice to analyze the measure by the judge Francisco Casconi, from the Special Body, who could understand that there was disrespect for the Federal and State Constitutions.
In addition, the first session of discussions on the punishment of Fernando Cury took place on Wednesday (31), and most of the deputies who managed to speak criticized the 119-day punishment and requested that President Casa allow the inclusion of amendments to the opinion of the Ethics Council.
Barros Munhoz (PSB), who was president of Alesp on two occasions, recalled that the House regulations provide that every project includes amendments.
Janaina Paschoal (PSL), who is a professor of Criminal Law at the University of São Paulo (USP), argued that Cury’s impeachment is based on the Federal and State Constitutions.
Video shows deputy Fernando Cury handing deputy Isa Penna at Alesp
See Isa Penna’s note on the decision
“It is a historic moment in the history of the Parliament of São Paulo. There were 86 votes to zero for the punishment and the suspension of the mandate of Deputy Fernando Cury. We fought for the impeachment from the first moment, but the Ethics Council had decided only for the removal of 119 days. However, with the popular of women, the popular, civil society, in addition to artists, lawyers, and other deputies and deputies from ALESP, it was possible to build a bigger, tougher sentence, and with the Plenary being sovereign. My team was also fundamental in this process that has extended from December until now. We leave a message for society: Alesp will not accept harassment, we women will not accept harassment, be it moral, sexual or psychological! We will be side by side with all women. “
Fernando Cury is also the target of a criminal investigation into the case opened by the Public Ministry of São Paulo and authorized by the São Paulo Court of Justice, since every parliamentarian has a privileged forum in São Paulo.
In the investigation request, the Public Prosecutor’s Office informed that “the facts, in a preliminary analysis, may have outlines of criminal infraction” and “crime against sexual freedom”, therefore needing “opening of a criminal investigation for the witnesses’ hearing indicated for the purpose of gathering elements to elucidate the facts ”.
The state deputy is also the target of disciplinary proceedings in his party, Citizenship. Fernando Cury was removed from his duties at the party on December 18, after the repercussion of the case.
Citizenship considered that the sexual harassment episode at Alesp was “disrespectful, affronted and must be fought”, and the Ethics Committee of the caption recommended to the National Directorate the expulsion of the party’s parliamentarian.
Cury’s expulsion would be decided at the meeting of the National Directorate on January 13, but the meeting was suspended because he had obtained an injunction in the Brasília court to suspend the internal process. Judge Thassia de Moura Guimarães, from the 20th Civil Court of Brasília, understood that the lawsuit against the deputy should first be directed to Alesp, at the state level of Citizenship in São Paulo. After that, it must be analyzed at the national level.
Congressman Fernando Cury passes the hand to Congresswoman Isa Penna – Photo: Reproduction
Opinion of the Ethics Council
Isa Penna accuses Fernando Cury of sexual harassment and, since the episode, defends the termination of his mandate. The first stage of the discussion of the case took place at Alesp’s Ethics Council.
After several virtual meetings, the rapporteur of the case, Emídio de Souza, proposed the punishment of 180 days of suspension from the mandate. He said he wanted to ask for Cury’s impeachment, but considering that the request was unlikely to be approved, he reduced the punishment.
Deputy Wellington Moura (Republicans), also a member of the Ethics Council, disagreed with the rapporteur, asked for a milder sentence and was accompanied by the majority – the collegiate decided, by 5 votes to 4, to suspend Cury for 119 days.
“Deputies, it would be difficult for me, as a Christian, not to know how to forgive, not to have mercy. The deputy Fernando Cury that I know is a father, is a family, is the husband of one woman, is a person who loves his wife, is affectionate. It was excessive, he made a mistake with Congresswoman Isa Penna, but he deserves a second chance in life, like all of us “, argued Moura, showing pictures of Cury.
Isa Penna, however, did not consider the Ethics Council’s suggestion to be a punishment, as the 119 days would allow work to continue in Fernando Cury’s office, including maintaining funds.
“It says a lot about who they are as deputies and, mainly, as people. I told them that I will never forget this attitude and that I would try to find out why there was so much mobilization,” said the deputy. “I also have a family, who also felt humiliated, in whom it also hurt, who was also hurt and who also felt exposed”.
Individuals and civil society organizations launched the virtual campaign “For an exemplary punishment” for the population to pressure São Paulo’s deputies to apply a tougher punishment to Fernando Cury.
Until this Thursday (1), more than 40 thousand people had joined the campaign, among them Brazilian artists and intellectuals, who published on social networks.
“Harassment, carried out during a parliamentary session, in front of the President of the House, witnessed by other deputies and recorded in photo and video, cannot be treated lightly. It means rewarding machismo and the culture of smartness; in fact, the culture of delinquency. There is a striking difference between the photo and the video. Seen innocently, the photo is more like a civil marriage with the newlyweds embraced. The video makes clear the intention of harassment and humiliation on the part of the deputy, “he said. the historian Lilia Schwarcz.
“This type of attitude is unacceptable, unjustifiable, and we cannot get used to these things. Men like him do not represent me. I am beside the women and Isa,” said Nando Reis.
The presenter Ana Maria Braga also joined the campaign: “We are here fighting for the right of women, not only Isa. This is a public fact, but and all those episodes that we do not see, that are on the buses, that women do not do they have anyone to talk to or defend? We need to be aware that what he did attacks all of us “.
“First they swear, they say things like ‘just don’t rape him because he doesn’t deserve it’, they call him crazy, they make up lies and now they harass him sexually. And with no shame! How far will we reveal this type of behavior on the part of parliamentarians?” the actress Patrícia Pillar.
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