A São Paulo court has unanimously upheld the dismissal of Lieutenant Henrique Otávio Velozo from the Military Police following his responsibility in the passing of eight-time Jiu-Jitsu champion Leandro Lo.
Henrique Otávio Velozo was found not guilty during a three day trial years after the fact. Lo’s family is still looking to appeal the not guilty verdict.
The latest decision, handed down on Wednesday, denied a writ of mandamus filed by Velozo’s legal team challenging the São Paulo State Government’s action. The ruling nullified a temporary injunction that had previously suspended the effects of the dismissal decree.
According to court documents obtained by CNN Brasil, Velozo’s defense argued that the dismissal had been carried out before the Military Justice decision became final and unappealable. His legal representatives maintained that pending appeals remained in the system and requested both suspension of the decree and reinstatement of the officer’s position and salary.
Judge Mário Devienne Ferraz, who served as the case rapporteur, determined that the dismissal resulted from a binding administrative act, meaning it fell within the legal limits granted to the governor. The court found that the measure simply executed a prior decision by the Military Court of Justice of São Paulo State, which had declared Velozo unfit for duty and ordered the loss of his rank and position.
The São Paulo judiciary emphasized that the Military Justice decision does not permit appeals with automatic suspensive effect. This means that even though pathways to higher courts may still exist, they do not prevent immediate execution of the job loss.
The appellate judges concluded that no violation of clear and certain rights justified granting the requested protection. The Military Justice system had determined that the facts demonstrated incompatibility with officer status, resulting in loss of rank and position. This judicial determination was subsequently implemented through a state executive decree.
Through this ruling, the court reinforced the principle that in such cases, the executive branch must simply comply with judicial orders without authority to suspend or modify them through independent action.
The decision represents a significant development in a case that has drawn considerable attention. Velozo now remains permanently separated from the Military Police force, with the court making clear that administrative procedures must follow established legal frameworks when implementing judicial decisions regarding officer fitness for service.
