The Federal Supreme Court (STF) begins on Friday (9) the trial that will decide on the suspension of criminal proceedings against Deputy Alexandre Ramagem (PL-RJ), defendant at court for attempted coup d’état in 2022. The trial takes place in virtual session of the first class, chaired by Minister Cristiano Zanin, and is expected to extend until May 13.
The decision to schedule the trial was taken by Zanin after a request from the rapporteur of the case, Minister Alexandre de Moraes, who received a letter from the House of Representatives communicating the approval of a bill that, including former President Jair Bolsonaro (PL).
Controversial project and reaction in the Supreme
The project that benefits branch was approved by the House last Wednesday (7), with 315 votes in favor, 143 against and 4 abstentions. The text had as rapporteur the deputy Alfredo Gaspar (União Brasil-AL), who argued that the deputy’s parliamentary immunity extended to the other defendants in the process.
In the report, Gaspar argued that the House had no alternative but suspend “criminal action in its entirety”, which would make room to benefit not only branch, but also others involved in the plot, such as Bolsonaro.
Faced with the approval of the text, the Socialism and Freedom Party (PSOL) has announced that it will present an argument of Fundamental Precept (ADPF) in the STF against the suspension of the action. The party claims that the measure violates the independence of the judiciary and creates a dangerous breach to protect defendants with political influence.
What is at stake in the trial?
The trial in the first class of the Supreme Court will be held in a virtual plenary, with the ministers depositing their votes directly in the system until May 13. Rapporteur Alexandre de Moraes will be the first to vote.
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The Supreme Court is expected to suspend only the criminal action against branch, excluding the excerpt from the project approved in the House that extends immunity to the other defendants. This is because the understanding is that Congress has no competence to determine the suspension of criminal actions against accused who are not deputies.
PSOL argues that the measure is an attempt to shield political and attentive against the principle of independence of powers, as well as harming the fight against coup and authoritarianism.
How can the STF decide?
- Partial suspension: The Supreme Court may decide to suspend the action only against branch, maintaining the progress of the case to the other defendants, including Bolsonaro.
- Full suspension: In a less likely scenario, the Supreme could accept the House text and suspend the entire process, including other investigated.
- Total rejection: The Supreme may also decide that the project approved by the House is unconstitutional, maintaining the case against all defendants.
In the virtual session model, the class ministers place their votes on an online system without oral debate. The final result is released only at the end of the defined deadline, which, in this case, will be on May 13.
