Following the conviction of Federal Deputy Alexandre Ramagem (PL-RJ) in the Criminal Action of the coup plot, the first class of the Supreme Federal Court (STF) must be declared by the Board of Directors of the Chamber of Deputies, without the need for voting in plenary.
The rapporteur, Minister Alexandre de Moraes, was based on case law of the Supreme Court itself and the Constitution, according to which parliamentarians must lose their mandate automatically when convicted criminally and submitted to a regime closed for a period exceeding 120 days.
Ramagem was sentenced to more than 16 years in prison in closed regime, which, in the interpretation of the Supreme Court, makes the continuity of his mandate in the House unfeasible.
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Despite the clear decision of the Supreme, there are signs of resistance within the House, especially between parliamentarians of the Bolsonarist base and the center.
The immediate reference is the case of Deputy Carla Zambelli (PL-SP), also convicted, whose cassation was submitted to the Plenary of the House by decision of the mayor, Hugo Motta (Republicans-PB), contrary to the STF’s determination.
If the procedure is repeated, the case of branch will need to be approved by an absolute majority (257 votes) so that the mandate is revoked – something that, according to base leaders, may not happen.
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The doubt now is whether the board will follow the direct order of the Supreme Court or choose to submit the decision to the plenary, challenging the court and raising the tone of the institutional crisis.
