It approved, on Wednesday (7), by 315 to 143, a request from to interrupt the criminal action against (PL-RJ), defendant in the case of the coup plot to prevent the possession of ().
The project opens breach to try to reach the entire process related to the 2022 coup plot and benefit the former president (PL).
The President of the First Class of (Supreme Federal Court), however, had already warned the House of restrictions on the competence of the deputies in this case, and four court ministers told the Court Sheet that the measure is unconstitutional.
The CCJ (Commission of Justice) already had, by 44 votes to 18, the suspension of the action against branch, with a gap to try to suspend the process “in its entirety”. This passage would directly impact the former president and other defendants in the case.
The proposal determines, in a generic way, not to mention branch that the progress of the criminal action is sustained.
The text contradicts the understanding of the Supreme Court, which states that the evaluation of the eventual suspension of criminal action is restricted to the acts committed by the congressman after his diploma.
Understand the project and its repercussion so far:
The project
The PL, Jair Bolsonaro’s party, asked the House for the suspension of criminal action against Alexandre Ramagem in the case of the 2022 coup plot while he is a federal deputy. The proposal is an appeal against the STF’s decision and first passed the CCJ, Alfredo Gaspar (-Al).
Gaspar agreed with the application and proposed that the criminal action be suspended “in its entirety” in the report, which by interrupting the action in all its branches, for all defendants.
The report was approved by the CCJ for 44 votes to 18. In the House Plenary, had 315 votes in favor and 143 against. The decision of the House has immediate effect, without having to go through the.
Suspension of actions in the Chamber
The House of Representatives and the Senate have the attribution, according to the 1988 Constitution, to suspect criminal actions after the complaint against some congressman by the Supreme Court.
According to article 53, from the third to fifth paragraphs, the action is interrupted if the majority of the house votes in favor of the suspension, also suspending the prescription while the term lasts.
The case of branch is the first of the type to be analyzed by the Chamber. Congressmen also see the case of Bolsonaro ally as a way to open precedents to the court against deputies accused of dodging.
Government reaction
Faced with the movement of the opposition as a way to help Bolsonaro, the government base of Alfredo Gaspar’s report. According to the PT leader in the House, the deputy (RJ), the agenda is a new version of amnesty.
Governors also understand that the legislature has no power to determine the locking of the whole process to all defendants.
“We will first try to convince the deputies of madness that is it. Someone will provoke the Supreme, and the Supreme will declare unconstitutional. So, the House is better not to enter this adventure,” Farias said before the vote.
Supreme question
The president of the First Class of the Supreme Court, had already warned the House of restrictions on the competence of the deputies in this case, and four ministers of the Court said to the Sheet that the measure is unconstitutional.
In the assessment of the suspension of all criminal action can be questioned by the (Attorney General’s Office), paving the way for the Supreme to overthrow the measure.
Another way can be a party contestation directly to Zanin, which would lead the discussion to the Supreme Court.
There is an expectation among congressmen that if the case is judicialized, the court will give order in this regard, but would have the wear and tear of having to position itself on the subject once again.
In two weeks ago, Zanin stated that the house was only competent to stop crimes of. 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 the deputy is accused, who would have been committed before the diploma, would not be covered in Zanin’s understanding.
Ramagem stated, during the CCJ session that approved text in his favor, that the supposed persecution of the judiciary that would be happening now could reach leftist politicians.
