The Parliamentary Prosecutor’s Office of the Chamber of Deputies published an opinion on the investigation against federal deputy Marcel van Hattem (Novo-RS) at the Federal Supreme Court (STF). In the document, requested by the parliamentarian, the prosecutor’s office classified the investigation as a “direct interference in the autonomy of the Legislative Branch”, in addition to an “indirect form of political persecution against the deputy”.
Marcel van Hattem is being investigated by the STF in a confidential process presented by the Federal Police. The action refers to a speech made on August 14th against delegate Fábio Shor, in which he called him an “abuser of authority”. In his speech, van Hattem displayed a photo of the delegate and said that he was creating “fraudulent reports” to keep Filipe Martins illegally detained.
According to the body, the parliamentarian’s speech is protected by the material inviolability guaranteed by the Federal Constitution and, therefore, investigations of this type can create an environment of “self-censorship in Parliament”. The prosecutor’s office also reinforces that any attempt to investigate demonstrations made in the Congress gallery violates article 53 of the CF, which guarantees the parliamentary inviolability of opinions, words and votes.
“The establishment of the Inquiry no. 2024.0093721-CGRC/DICOR/PF constitutes an interference that disrespects the independence of the Legislative Power, compromises the full exercise of the mandates conferred by the people and attacks the postulate of free expression of thought, indispensable to the right to criticism.” , says the prosecutor.
For parliamentary prosecutor Luís Tibé, the mere initiation of the investigation points to “political persecution and compromises the exercise of popular mandates”. The opinion states that inviolability is a way of ensuring that parliamentarians do not suffer retaliation for their statements.
PF indictment
This Monday (25), the Federal Police indicted deputy Marcel van Hattem na for the crimes of slander and insult, due to statements made against deputy Fábio Alvarez Schor.
According to the PF, the accusations made by Van Hattem were classified as “very serious”. The corporation highlighted that, if they are proven to be unfounded, the deputy’s liability could go beyond the scope of crimes against honor. Although Van Hattem is protected by parliamentary immunity and freedom of expression, the Federal Police highlighted that such prerogatives have limits and are not absolute.
After learning about the indictment, deputy Marcel van Hattem classified the case as a “persecution” and reinforced that he will not remain silent. “If you thought that this indictment would stop me, you were so wrong: it only gives me more strength against all the injustices in this country committed by Lula, his “police” and the STF!”, he said on the X network.
Several parliamentarians and former president Jair Bolsonaro himself spoke out about the indictment against van Hattem and classified it as an “attack on the Brazilian parliament”. In a press conference, this Monday (26), Bolsonaro highlighted article 53, which guarantees protection to parliamentarians for “any” of their statements.
Deputy Nikolas Ferreira (PL-MG) also highlighted the importance of article 53 of the Constitution, which “was created precisely to avoid political persecution and guarantee freedom for criticism and complaints”.
“The indictment of Deputy Marcel Van Hattem for denouncing a Federal Police delegate in the Chamber of Deputies is yet another of several attacks on democracy and the balance between Powers. Defending parliamentary immunity is preserving the freedom of the entire Brazilian people”, he wrote in X.
