It confirmed it on Thursday (5) authorization for the license of the deputy (PL-SP), in addition to blocking the parliamentary salary.
Despite the letter sent by the minister of the (Supreme Federal Court) to the president of the House, (-PB), with “the terms of the decision made” against Zambelli, the house said it considered that it was not yet specifically notified about the deputy’s custody.
Therefore, despite the pressure on the opposition to analyze the order of Moraes, the House evaluates that it would not yet be manifested about it.
There is a legal discussion regarding the moment the house could deliberate about it, if before or after the eventual detention of the deputy, who is in Italy.
According to the House, the license of Zambelli was published that had been “filed prior to the decision” of the Supreme Court. Deputy Colonel Tadeu (PL-SP) will take over the vacancy.
The house had the salary amounts block after receiving the STF’s decision on Wednesday (4), but says that “it was not notified about the other items of the decision, which is why there are no other measures to be taken.”
According to a publication in the Official Gazette of the House, the license turned out to be 127 days, because she ordered 7 days of health care license from May 29.
The license request is to deal with a particular interest, equal to that granted to Deputy Eduardo Bolsonaro (PL-SP).
Motta was being pressured by the opposition to bring the prison order against Zambelli.
Upon issuance of the diploma, parliamentarians cannot be arrested, saved in the act of unenforceable crime. The House would then have to make a decision regarding the process within 45 days from the notification.
However, from the understanding that was consolidated in the House now, there is no decision of the house at this time, because there was no arrest in the act. In addition, the house stated that it was not notified, so it could not even respond.
The lawyer and professor of constitutional law Miguel Godoy understands that the House could only arrest the arrest in the act for an unenforceable crime imposed on a deputy, not the warrant of pre -trial or temporary arrest issued by the judiciary, except in very specific cases. He considers that there is in the supreme consolidated understanding of this limitation.
For Wallace de Almeida Corbo, Professor of Constitutional Law at UERJ (Rio de Janeiro State University) and FGV (Getulio Vargas Foundation), the deliberation of the house could already be triggered with the determination of the arrest.
In this case, the decision should be closer to the request for definitive arrest, on charges of commanding invasion to the CNJ institutional systems, than the precautionary measure determined by the Supreme Court.
