The Santa Catarina Court (TJSC), through the 2nd Araquari County Court, upheld the dismissal of teacher Altair Aparecido Tobias, who is accused of assaulting an elementary school student in Araquari in the north of the state.

The image is for illustrative purposes only. – Photo: FreePik/ND

Altair Aparecido Tobias was a primary school teacher and municipal employee. The attack took place in 2017 at the Escola São Benedito school. At the time, the city initiated a disciplinary and administrative process (PAD) to investigate the case, and in 2020 the professor was exonerated.

According to a complaint from the Santa Catarina Public Ministry, Tobias would hang a five-year-old girl by the neck because she “couldn’t stand still.” The professor was sentenced to five months in jail, initially in an open regime. In the verdict, the judge also emphasized that the caregiver left the child alone in a dark room, crying and vomiting, “posing a danger to health and, therefore, characterizing the criminal nature of the ill-treatment.”

Following his conviction, the professor filed an appeal (petition for urgent guardianship) against the municipality of Araquari, seeking to reinstate the position from which he had been relieved.

He claimed that he held an active position as a professor and was fired on February 21, 2020, but argued that the administrative process was void, since his guilt was not proven. He claimed to have been the victim of political persecution for being an adviser.

In fact, Tobias was elected as a councilor in 2016. In the 2020 elections, his candidacy for re-election was challenged by the Regional Electoral Court because he had such a criminal record. It was included in the Purity of Records Act.

And in response to the professor’s statement about the nullity of the administrative process, Judge Wilson Fontana, rapporteur on appeal, explained that investigating and deciding on a functional violation is the responsibility of the administrative body, and the judicial body is only responsible for verifying the legality of acts.

Altair Aparecido Tobias was an elementary school teacher at Araquari. He is also a former advisor. – Photo: ND reproduction

“The disciplinary-administrative proceedings took place regularly,” Fontana noted in his vote, “with strict observance of the constitutional guarantees of contradictory and complete protection.”

In the opinion of the magistrate, the alleged unfairness of the decision by which the decision to dismiss the server was made is a matter of an administrative nature that is not subject to judicial control and is limited only to aspects of legality.

In addition, the judge continued, the teacher was convicted of ill-treatment on the same fact. Thus, the rapporteur voted to keep the verdict in force, and other members of the 5th Criminal Chamber unanimously followed his understanding.

Decision to reject the teacher’s request:

How was the disciplinary and administrative process (PAD)

An audit was carried out, evidence was borrowed from previous administrative proceedings, 15 witnesses were heard and the then accused was interrogated.

The teacher, who was entitled to a full defense and did so, was still charged with three acts: assaulting a student at Escola São Benedito, neglecting, neglecting and neglecting the student’s care, and failing to record the student’s activities. behavior.

The accusation was broadly based and motivated by both revealing articles and evidence, and ostensibly detailed descriptions of the elements of evidence collected that supported the formal charge.

what the teacher says Altair Aparecido Tobias

The report was searched for by the professor and former advisor on the phone and on social media, but did not receive a response until the moment this issue was closed.

What does the City say?

A complaint was received, an administrative process was initiated, where the leadership of the commission created to investigate the case was directed to the dismissal of Professor Altair Aparecido Tobias. The mayor then fired him in 2020. Since then, Tobias no longer received a salary for not being part of the municipality’s civil servants. Now, in this new decision, which upheld Tobias’ dismissal, the judge realized that the exoneration imposed at the time by the mayor’s office was correct.