The House of Representatives approved on Wednesday (7), by 315 votes to 143, the request that suspends the criminal action against Alexandre Ramagem (PL-RJ), defendant in the Supreme Court (STF) survey of a coup plan.
Earlier, the (CCJ) of the house approved the report of Deputy Alfredo Gaspar (Union-AL) who calls for the full suspension of the action. In addition, Gaspar also proposed a resolution project that opens a breach to wage all the action in the Supreme, benefiting other defendants.
The vote in the plenary occurred without discussion among the deputies. There was also no room for amendments (suggestions for changes in the text).
The president of the House, Hugo Motta (Republicans-PB), explained that the housewood regulations do not mention the discussion in plenary for this type of application. Therefore, the rite defined by the presidency vetoed discussions, requests for postponement of voting and withdrawal of the agenda request.
For governing deputies, the proposal is unconstitutional and aims to obstruct the judgment in the Supreme. The group argues that the competence of the Chamber covers only parliamentarians. In addition to branch, they are former ministers, military and (PL) defendants.
The rite defined by Motta was criticized by deputing from the ruling base, who requested the revision of the process. The president of the house rejected the requests.
“I pray to the president who establishes the order. The order is: to admit the criminal action for the parliamentarian, and not as the report of Deputy Alfredo Gaspar, which allows us to expand to all accused in this criminal action. It is unacceptable, is to violate the Constitution,” said Deputy Orlando Silva (PCdoB-SP).
Suspension of accusations
The criminal was presented by the PL 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.”
An excerpt from the article points out that, when there is a complaint against parliamentary for a crime that occurred after the diploma, the Supreme Court will be aware of Congress and, at the political party initiative, the plenary may hold the progress of the action.
“Received the complaint against the senator or deputy, for a crime that occurred after the diploma, the Federal Supreme Court will be aware of the respective House, which, at the initiative of the political party represented in it and by the vote of the majority of its members, may, until the final decision, suspect the progress of the action,” is in the Constitution.
The Constitution provides for the request to be analyzed by the House Plenary within 45 days. If the appeal is approved by at least 257 deputies, the criminal action is suspended while the defendant has a mandate. If the deputy is not reelected or losing his mandate, the process runs again.
Despite the CCJ’s decision, the STF has ruled that the House cannot completely cancel the process against branch. The house decision could only reach two of the five charges against the parliamentarian, those that investigate crimes that would have occurred after the diploma – as established the constitution for the suspension of criminal action.
Defendant in Inquiry
Former director of the Brazilian Intelligence Agency (Abin) in the previous government, Ramagem is one of the defendants in the state 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.
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.
