The plenary of approved on Wednesday night (7) a bill that suspends the criminal action against the federal deputy (-RJ), with a breach to try to reach the entire process related to the 2022 coup plot and benefit the former president (PL).
The measure confronts the (Supreme Federal Court), because it goes against the understanding that the instrument should be restricted to the acts committed by the parliamentarian after his diploma.
As the text was approved, the text is comprehensive and would suspend the action completely, benefiting other defendants, such as Bolsonaro.
The president of the First Class of the Supreme Court, however, had already warned the House of restrictions on the competence of the deputies in this case, and four court ministers said to the Sheet that the measure is unconstitutional.
In the House Plenary, the bill had the support of 315 deputies, and 143 were against.
The result also represented a defeat to the government (PT), whose allies tried to avoid approval.
Among deputies who said yes to the text there are members of subtitles that make up the base of support of the Planalto Palace. Of 60 possible votes from União Brasil, for example, 50 endured the text. In the MDB, 32 of the 44 were in favor.
Minister of Lula until the last April 8, Juscelino Filho (União Brasil-MA) voted in favor of the pocketist.
There is an expectation among parliamentarians that the case will be judicialized and that the Supreme will give its opinion in a more restrictive understanding of the measure. With this, however, it would have the wear and tear of having to position itself on the topic once again. There is even a possibility that the first class of the STF itself delibere about this in the criminal action.
Four by Sheet confirm that the attempt to benefit other defendants should not prosper in court. According to them, there is a majority understanding that the movement of parliamentarians is unconstitutional.
Another point raised by these ministers, including a member of the board responsible for the processing and trial of the process of the end of the Bolsonaro government, is that the word on the subject will be Zanin, president of the first class.
In a letter sent to Motta, 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 – by which branch is accused, who would have been committed before diploma, would not be covered in Zanin’s understanding.
An assessment of House technicians is that, despite the understanding of the Supreme Court, it was able to approve the text as it was because the Constitution attributes the decision of the suspension to the houses of Congress, not to the court. Thus, the extension of the prerogative would fit the parliamentarians.
Already the understanding in the opposition is that, technically, the suspension can only relate to the deputy branch itself. On another front, in a political argument, they say it would be a disrespect to the Court, which began the trial of criminal action this year, with the transformation of defendants into defendants.
Deputies also complained about speed in the discussion of the measure, which was approved at the CCJ (Constitution and Justice Commission) this afternoon and sent at night to the plenary. The mayor, Hugo Motta (Republicans-PB), did not accept the requests to postpone the discussion in the plenary.
As the panel column, from SheetEven before the CCJ report approval, the government base was already preparing to contest the approval of the STF. Even allied deputies of branch say they believe that the House’s understanding will be reversed by the court ministers, but thus throw wear into the Supreme Court.
In defense of his report in the plenary, Alfredo Gaspar stated from the podium that “to stop criminal action is not to play for impunity.”
“Deputy Delegate Ramagem, like us, only has 1 year and 6 months of office. The sustained criminal action is the stoppage of the process until the end of the term, in 1 year and 6 months. In addition, the deputy will not have the benefit of the prescription. The prescription will be intact,” said Gaspar.
Last speaker enrolled in the Plenary, PL leader Sostenes Cavalcante (PL-RJ) thanked the support of parliamentarians from the first level of the Esplanade of Ministries.
“To be fair, all center parties – UNIÃO BRASIL, MDB, PSD, progressives, we can, PRD – were at CCJ and are now accompanying us [no plenário]”, said the branch co -religionist.
“So, I want to thank everyone, because this house is not done with some, it is done with a collective and most. And you. Today they show greatness in fighting for a constitutional principle that was violated us through the figure of Deputy Ramagem.”
During the CCJ 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 assessment of, if 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.
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.
