The CCJ (Constitution and Justice Commission) of approved, on Wednesday (7), the suspension of the criminal action against the Federal Deputy (-RJ), with a breach to try to suspend the entire process relating to the coup plot of 2022.
The report of the Bolsonarist Deputy Alfredo Gaspar (União Brasil-AL) was approved by 44 votes to 18 and directly benefits the former president (PL) and other defendants in the process. The resolution project proposed by the parliamentary determines, in a generic way, not to mention branch that the progress of the criminal action is sustained.
After approval by the CCJ, the bill entered the night of this Wednesday on the House Plenary’s agenda, but an eventual decision to vote depends on the president of the house, (-PB).
The text contradicts the understanding of the (Federal Supreme Court), which determines that the evaluation is restricted to the acts committed by the parliamentary after its diploma.
In a letter sent to Motta, the minister, president of the first class of the Supreme Court, said 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 – by which branch is accused, who would have been committed before diploma, would not be covered in Zanin’s understanding.
During the session, Ramagem criticized the Supreme Court and told parliamentarians that what he called the judiciary can also reach leftist politicians.
“It is not just exacerbated judicial activism, there is a clear usurpation of our legislative competences. (…) I am serving today as a Casuistic Player of the Supreme Court,” he said. “If you do with me, you can do this to you someday, including leftist colleagues.”
In the evaluation of DA Sheetif confirmed, the suspension of all criminal action could be questioned by the (Attorney General’s Office), paving the way for the Supreme to overthrow the measure.
Another way could be a party contestation directly to Zanin, which would lead the discussion to the Supreme Court.
There is an expectation among parliamentarians that, if the case is judicialized, the court will give its opinion in this regard, but would have the wear and tear of having to position itself on the subject once again.
The CCJ began discussing the report last Wednesday (30), but the vote was postponed after a request for views (more time to analyze the case). At the time, the committee’s presidency indicated to agree with the possibility of locking the entire action.
The left contested the approved resolution project and states, in line with Zanin, that the house is competent to wage only the points that deal with deputies with mandate. That is, it could suspend only the accusations against branch, not against others that appear in the same action.
The Constitution provides that, in the event of criminal lawsuits against acting parliamentarians, the Supreme Court shall be aware of the house to which it belongs, and it may suspend the action while the mandate is in force.
For this, the case needs to be first evaluated at the CCJ and then, if you advance, approved by the majority of the plenary (with 257 votes, in the case of deputies).
