The parties Network Sustainability and PDT called the Federal Supreme Court (STF) on Thursday (8) to request the unconstitutionality of the decision of the House of Representatives that suspended the criminal action against Deputy Alexandre Ramagem (PL-RJ) in the investigation that investigates attempted coup.
The decision of the House, approved by the deputies on Wednesday (7), also opens gap to benefit former President Jair Bolsonaro (PL-RJ) and other defendants in the inquiry. The measure was approved by the House Constitution and Justice Commission (CCJ) and chancelled by the Plenary.
The parties argue that the Constitution allows against parliamentarians, but does not apply to defendants who do not occupy mandates in the National Congress.
“The ADPF (argument of non -compliance with fundamental precept) points to the unconstitutionality of the arguments of the CCJ report that led to the suspension of criminal action, based on the concept of parliamentary immunity – constitutional prerogative to ensure the performance of deputies and senators.
This Thursday, the Chamber reported the Official Supreme Court on the suspension of the criminal action, promulgated by the house on Wednesday night.
Also on Thursday, Supreme Court Minister Alexandre de Moraes asked to hold a virtual session for the first class of the court to analyze the suspension of the case.
Chamber Decision
The report approved by the House fully suspends the criminal action, benefiting not only branch, but the other defendants. For governing deputies, the proposal is unconstitutional. They argue that the competence of the Chamber covers only parliamentarians.
The criminal action 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.
