The processes at the Ethics Council that may impeach (-SP) and punish deputies are expected to move forward this week, while the request for revocation of (PL-SP) is awaiting the sending of documents by the (Supreme Federal Court).
The 127-day leave that Zambelli took from his mandate ended on Thursday (2). His situation is now the same as Eduardo, whose license to travel to the United States ended in July: in addition to the revocation processes, .
The Constitution establishes that a deputy who misses one third of the year’s ordinary sessions will lose his mandate, unless he is on leave or on an official mission. This path of punishment, however, when the Chamber counts the previous year’s absences.
At the Ethics Council, the case against Eduardo began in September, when the period of up to 90 working days began for the collegiate to decide on the revocation. For the deputy to lose his mandate, at least 257 votes out of 513 are needed, an absolute majority of the House.
According to the president of the Ethics Council, deputy Fabio Schiochet (União Brasil-SC), the next step in the process will take place on Wednesday (8), when the rapporteur, deputy Marcelo Freitas (União Brasil-MG), must read the preliminary opinion and suggest the continuation or archiving of the process.
The call for attacks on the STF and threat to the holding of elections in 2026 was presented by , by senator Humberto Costa (PT-PE) and by deputy Paulão (PT-AL). The deputy has been in the USA since March, where he leads a campaign for sanctions to free the former president (PL) from prison.
Last week, the leader of the PT, (RJ), asked the president of the council to choose a new rapporteur, arguing that Marcelo Freitas is close to Eduardo and supports Bolsonaro. As shown by Sheetand has already attacked the STF.
Schiochet, however, says that he should not comply with the PT member’s request and that he trusts Marcelo Freitas’ impartiality. The choice of rapporteur was made by the president of the council among three drawn options — Duda Salabert (PDT-MG) and Paulo Lemos (PSOL-AP) were the others included on the list.
If the rapporteur decides to continue the process, Eduardo will have ten working days to present his defense in writing, in addition to indicating evidence and up to eight witnesses. After that, the investigation of the process, with analysis of the evidence and holding of hearings, must take place within 40 working days. The rapporteur has another ten working days to present his opinion, which is voted on by the council and then submitted to the plenary.
In the case of mutineers, the period for instruction is 30 days. The four cases against Zé Trovão (PL-SC), Marcel Van Hattem (Novo-RS) and Marcos Pollon (PL-MS), the target of two actions, should be initiated by the council this Tuesday (7). A triple list of possible rapporteurs will be drawn for each case.
The suspension of mandates must also be decided by an absolute majority in the plenary. Pollon is subject to leave for 90 days, while the others are subject to leave for 30 days.
Trovão, Van Hattem and Pollon were among the main obstacles that the president of the Chamber, (-PB), encountered on the journey between his office and the chair of president of the House, on a journey. The first even blocked Motta’s passage with his leg, while the others when the president approached.
Despite having this option, Motta chose . Instead, it followed the regular and longer procedure, in which cases go through the Ethics Council and, finally, go to the plenary.
In total, the Internal Affairs Office analyzed representations against 14 deputies, but the recommendation to suspend the mandate was given only to the three. For the rest, written censorship must be applied, which does not require analysis by the Ethics Council.
The case of Carla Zambelli is different. The deputy lost her mandate and served ten years in prison for breaking into the CNJ (National Council of Justice) system with the help of hacker Walter Delgatti Neto, who was also convicted. Zambelli says the hacker acted alone.
For Zambelli to lose his mandate, however, an absolute majority of deputies is required, that is, 257 votes. The procedure for the impeachment of a criminally convicted deputy begins with the CCJ (Constitution and Justice Commission) and, like the Ethics Council, has a designated rapporteur, prior defense and instruction with evidence and witnesses, in addition to the hearing of the accused himself.
Only after the vote in the CCJ does the vote in the plenary take place. There is no maximum deadline for this to occur.
The commission appointed by the deputy, as she is imprisoned in Italy. Before completing this stage, however, rapporteur Diego Garcia (Republicanos-PR) asked the STF for a specific report that is not in the process documents already shared by the court with the commission.
The STF, in turn, did not indicate whether or when it will send the piece. When the rapporteur finishes the instruction, he will have five sessions to present his opinion. Diego Garcia also asked the Supreme Court to break the confidentiality of the case against Zambelli so he could use parts of it in his report.
