What sustains the progress of the criminal action in the (Supreme Court) in relation to all crimes imputed to the Federal Deputy (PL-RJ) can be contested by the (Attorney General’s Office), say legal professionals.
This Wednesday (30), the opinion was requested to view at the CCJ (Constitution and Justice Commission) of the House, postponing the vote. If approved in the board, it goes to the plenary, where it needs to obtain the end of most deputies. If this happens, the Supreme Court would be notified and the action suspended as long as the deputy’s mandate lasts.
Ramagem, former director general of ABIN (Brazilian Intelligence Agency) in the government (), became a defendant by decision of the Supreme Court in the action that.
The opinion of Gaspar contradicts the minister of the STF minister, president of the first class of the court. In a letter sent to the mayor, (-PB), Zanin stated that a. This would limit the sustainment to qualified damage to the equity and deterioration of the overturned assets.
Three other crimes – armed criminal association, coup and abolition of the Democratic Rule of Law – which would have been committed before diploma would not be covered in Zanin’s understanding.
In the evaluation of jurists, if confirmed, the suspension of all criminal action could be questioned by the PGR, paving the way for the Supreme to overthrow the measure based on the understanding that the Constitution determines that the suspension only applies to crimes after diploma.
Another way could be a party contestation directly to the minister, who would bring the discussion to the Supreme.
For Marco Aurélio de Carvalho, coordinator of the Prerogatives Group, the sustainment of every criminal action cannot prosper. “The institutional tsunami caused by an attempt to make an agreement in the episodes of January 8 is encouraging people to adopt alternative paths to review penalties in Congress, which is a shame,” he says.
“It wouldn’t be surprised that tomorrow or then Bolsonaro himself would seek Congress to review his ineligibility. This is very serious.”
The lawyer qualifies Gaspar’s opinion as a terrifying. “This is the result of this bold and shameful attempt to make an agreement in the House to review penalties. Spaces for sentence revisions are the spaces that the justice system. ‘Ah, but in the House I am discussing the mandate’. Very well, Zanin delimited the object,” he adds.
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