The first class of the Federal Supreme Court (STF) ruled on Saturday (10) for suspending part of the criminal action against Federal Deputy Alexandre Ramagem (PL-RJ) for involvement in an alleged attempted coup.
Unanimously, the ministers understood that crimes committed after branching as a deputy may be suspended.
Ramage is accused of five crimes, but only two of them would have occurred after their diploma: qualified damage with violence or serious threat against union patrimony, causing great damage, and deterioration of listed assets.
With the decision, branch now responds only for crimes of armed criminal organization; Attempted violent abolition of the democratic rule of law and coup d’état.
The suspension of the crimes was after the request of the House of Representatives. By 315 votes to 143, parliamentarians approved on Wednesday (7) a project of resolution presented by Deputy Alfredo Gaspar (Union-AL), rapporteur in the Constitution and Justice Commission (CCJ), which completely suspends the criminal action against branch. Only part of it, however, was accepted by the ministers.
The proposal also opened interpretation breach to cover the entire investigation, including other defendants of the case, which was barred by the Supreme.
The request was submitted by the PL based on Article 53 of the Constitution, which establishes that, if there is a complaint for crime committed after the diploma, the Supreme Court must communicate the Congress, which may decide, as a political party initiative, to support the process.
In March, the Supreme Court accepted the complaint against branching in the context of the investigation into the alleged “crucial core” of a coup plot, which also involves former President Jair Bolsonaro, former ministers and military.
See how each minister voted
The trial analysis takes place in a virtual plenary and began this Friday (9). First to vote, the rapporteur of the case, Minister Alexandre de Moraes, stressed that the understanding of the legislature is “very personal character”, that is, it does not apply to others investigated in the process.
“The requirements of very personal character (immunity applicable only to the parliamentary) and temporal (crimes committed after diploma), provided for in the constitutional text, are clear and expressive, in the sense of the impossibility of imposing this immunity to non -parliamentary corridors and criminal offenses before diplomation,” wrote the minister.
Minister Cristiano Zanin accompanied the vote of Moraes. He stressed that it would only be possible to get rid of crimes committed after being graduated as a deputy. Moreover, he argued: “immunity does not apply to non -parliamentary or infractions before diplomation.”
Minister Flávio Dino accompanied Moraes, but with caveats. Among them, he adopted the dismemberment of the process, which ensures criminal action regarding the alleged crimes prior to diploma.
In this sense, the minister also questioned the application of a rule of the Constitution, which covers the suspension of actions against the deputies since the diploma. For the minister, this device should be applied only to those who are already exercising the mandate.
In addition, another caveat of Dino was that the suspension could only be valid for this legislature and, if branch is arrested or removed, the criminal proceedings would be valid again.
Minister Luiz Fux joined Zanin and also fully accompanied the vote of Moraes. He cited the literality of the Federal Constitution and stated that the suspension approved by the House can only reach the crimes committed after the diploma of branch as deputy.
Carmen Lúcia, the last minister to vote, accompanied the rapporteur minister.
