A Sao Paulo court has unanimously upheld the dismissal of Lieutenant Henrique Otavio Velozo from the Military Police, in connection with the case involving Leandro Lo.
Velozo was previously acquitted in a criminal trial related to Lo’s death, a verdict that Lo’s family continues to challenge through appeals.
However, the latest ruling focused not on criminal liability, but on Velozo’s removal from his position within the Military Police.
On Wednesday, the court rejected a writ of mandamus filed by Velozo’s defense team, which sought to overturn the Sao Paulo State Government’s decision to dismiss him.
The ruling also nullified a temporary injunction that had previously suspended the dismissal decree.
According to court documents cited by CNN Brasil, Velozo’s lawyers argued that the dismissal had been executed before the Military Justice decision became final and unappealable.
They maintained that appeals were still pending and requested both suspension of the decree and reinstatement of his rank and salary.
Judge Mario Devienne Ferraz ruled that the dismissal stemmed from a binding administrative act carried out within the legal authority of the state governor.
The court determined that the executive decree simply enforced a prior decision by the Military Court of Justice of Sao Paulo State, which had declared Velozo unfit for duty and ordered the loss of his rank and position.
The judiciary emphasized that decisions from the Military Justice system do not carry automatic suspensive effect during appeals.
In practical terms, this means that even if further appeals are filed in higher courts, they do not prevent the immediate enforcement of the dismissal.
Appellate judges concluded that there was no violation of clear legal rights that would justify reversing the decree.
They affirmed that once the Military Court determined incompatibility with officer status, the executive branch was obligated to implement the decision.
The ruling reinforces the principle that, in such circumstances, the executive authority must comply with judicial determinations rather than delay or modify them independently.