The Constitution and Justice Commission (CCJ) of the House postponed on Wednesday (30) the analysis of the request for suspension of criminal action against Deputy Alexandre Ramagem (PL-RJ) in the Supreme Court (STF) inquiry on the coup plan.
A request for view (more time for analysis) was submitted by deputies of the ruling base. The text is expected to return to the agenda next week.
Rapporteur of the request ,. He also suggested a resolution project that opens a breach to wage all action in the Supreme. The House, however, has no competence to decide on defendants who are not parliamentary. In addition to ramagem, they are also former ministers, military and former president Jair Bolsonaro (PL).
Deputies of the government base criticized the suggested proposal and evaluated it as unconstitutional. The text, according to PT leader, Lindbergh Farias (RJ), is an attempt to obstruct judgment in the Supreme Court.
“This report is very serious, because such a report knows what it means? Obstruction of a judgment that is beginning. Imagine, unconstitutional interference from top to bottom,” he said.
The rapporteur argued that his opinion that the sustainment of the process is a constitutional prerogative of parliamentarians. “What I did here was to repeat the constitutional text […] This house is greater than all of us and one power cannot override another power, ”said Gaspar.
According to the Constitution, the House may hold the progress of an action in case of a complaint against deputies for a crime that occurred after the diploma.
For this, the suspension proposal must be analyzed at the CCJ and then in the Plenary of the House, requiring the votes of 257 deputies to be approved. The order analysis period is 45 days.
Last week, however, the
Suspension request
The request was submitted by the Liberal Party and is based on the 53rd article of the Constitution. The standard defines that all deputies and senators are inviolable, civil and criminally, “for any of their opinions, words and votes.”
A paragraph of the article points out that, when there is a complaint against parliamentary for a crime that occurred after the diploma, the Supreme Court shall be aware of the Congress and, at the political party initiative, the plenary may hold the progress of the action.
If the appeal is approved in the plenary, the criminal action is suspended while the defendant has a mandate. If the deputy is not reelected or loses his mandate, the process runs again.
Former director of the Brazilian Intelligence Agency (Abin) in the previous government, after the 2022 elections. He was nominated by the Attorney General’s Office (PGR) as one of the members of the “crucial core” of the plot.
Ramagem is accused of five crimes, but only two of them would have occurred after his diploma as a deputy: qualified damage with violence or serious threat against union assets, causing great damage, and deterioration of overturned assets.
In a decision published last week, STF Minister Cristiano Zanin.
The other accusations (coup d’état, criminal organization and violent abolition of the Democratic Rule of Law) are crimes that would have been committed before diploma and, therefore, cannot be suspended, according to the minister’s decision.
