The Chamber of Deputies must analyze this Wednesday (10) the cases against deputies Glauber Braga (PSol-RJ) and Carla Zambelli (PL-SP). Despite the distinct nature of the cases, the legal situation of both is similar. Analysis is by Luísa Martins at CNN Behind the Scenes.
In the case of Glauber Braga, the case stems from a physical attack that occurred within the Chamber’s premises. The parliamentarian would also have worsened his situation by , an act considered a violation of the internal regulations.
Carla Zambelli faces lawsuits for two distinct episodes: the invasion of the National Justice Council (CNJ) systems and an episode of armed persecution that occurred on the eve of the second round of the 2022 elections. In both cases, the deputy was sentenced to loss of office by the Federal Supreme Court (STF).
Deadlock between Chamber and STF
The legal situation creates a institutional problem. “When there is a parliamentarian sentenced by the STF to the loss of his mandate, in addition to the custodial sentences, this always generates this impasse over who, after all, has the final say regarding the impeachment”, explained the Politics analyst at CNN.
The debate lies in defining whether it is up to the Chamber to simply formalize the Supreme Court’s judicial decision or whether it has the prerogative to take the case to a vote and decide on the maintenance of mandates. , as in the case of former deputy Paulo Maluf, the Board of Directors of the Chamber only decreed the loss of the mandate as defined by the STF, without taking the case to a vote.
According to the analyst, the Federal Supreme Court has been closely monitoring the cases, in which the issue of loss of mandate has been under discussion for the longest time. “If there is a loss of mandate, the STF doesn’t even need to get into this fight. Everything is fine because it was the result the Supreme Court wanted,” he stated.
However, if the Chamber decides to maintain the mandates, contrary to the STF’s decisions, the case will probably return to the Supreme Court, potentially triggering a new cycle of tensions between the Legislative Branch and the Judiciary.
