The minister dismissed the request to reverse, by means of a precautionary measure, the decision of the table of the House of Representatives who dismissed the mandate
Minister Flávio Dino, of the Supreme Court (STF), maintained, on Thursday (18.Set.2025), the revocation of the parliamentary mandate of the former deputy (without party-RJ), accused of being one of the principals of the murder of councilwoman Marielle Franco (PSOL-RJ) and driver Anderson Gomes in 2018.
Brazão asked that a precautionary measure be granted to dismiss the decision of the Chamber of Deputies table that broke his mandate for unjustified absences in the plenary sessions. The former deputy claims that the measure is unconstitutional, since he could not attend the sessions because he is pre-tried preventively.
For the minister, the House’s Internal Regulations does not allow parliamentary license due to preventive arrest. Dino denied the injunction request that it was not verified irregularities in the cassation. Read A (PDF- 169 KB).
However, the minister stressed that, depending on the outcome of the criminal case of the Marielle case, it will be possible to annul the decision of the table.
In the request, the defense of Chiquinho Brazão claimed that the revocation of the mandate violating constitutional precepts, equating any and all fouls. According to the lawyers, the cassation for absence in the sessions would have the purpose of curbing the deliberate abandonment of parliamentary functions and that would not have been the case of the revoked deputy.
“These were not deliberate and/or unjustified absences, but resulting from the full curtailment of their freedom and the impossibility of remote access to plenary sessions that occurred since their arrest“The defense said.
On April 11, the rapporteur of the action, Minister Alexandre de Moraes, granted the pre -trial detention for considering that the defendant had a health condition with “Multiple Bass Comorbidities”.
Understand
Deputy Chiquinho Brazão was arrested in March 2024 along with his brother, Domingos Brazil, advisor to TCE-RJ (Rio de Janeiro State Court of Auditors). Since then, both have been denounced by the PGR as principals of Marielle Franco’s murder after being reported by former military policeman Ronnie Lessa, a confessed executor of the crime.
Both the congressman and the ECA counselor have been able to stay in the positions since they were arrested. In the House, the Chiquinho Office is still in operation, with more than 20 active advisors, while its cassation process is still stopped at the House Ethics Commission. The deputy continues to receive his salary normally.
In addition to them, he has been arrested preventively for over 1 year the former head of the Rio de Janeiro Civil Police, delegate Rivaldo Barbosa, also reported for planning and ordering Marielle’s death.
