Representative Carla Zambelli (PL-SP) informed the Chamber of her decision to resign from her position this Sunday (14). The president of the House, Hugo Motta (Republicanos-PB), informed that he will swear in the deputy of the parliamentarian, Adilson Barroso (PL-SP).
The decision was part of a solution negotiated with the leadership of the Chamber, after the plenary rejected the impeachment of the parliamentarian, sentenced to prison by the STF (Supreme Federal Court). Last Friday (12), the court ordered Motta to remove Zambelli’s mandate.
In the early hours of this Thursday (11), the plenary of the Chamber of Deputies challenged the STF and saved Zambelli’s mandate.
The decision was seen as a defeat for Motta and contradicted the vote in the CCJ (Constitution, Justice and Citizenship Commission), with the help of deputies from the center.
The Chamber plenary deliberated on the matter following the understanding of the President of the Chamber that, according to the Constitution, Congress has the final say in the case of a parliamentarian convicted of a crime.
Motta had initially said that the Chamber’s Board would ratify the STF’s order immediately, but sent the case to the CCJ in June.
The STF, however, decided that the Chamber was obliged to ratify Zambelli’s loss of mandate, which: either it will comply with the court order and displease the opposition or it will fail to comply with it and become exhausted with government officials and the STF.
Furthermore, the order was directed directly to the President of the Chamber and there would be a risk of being penalized for failing to comply with it.
The STF’s decision was first taken in the form of an injunction by Minister Alexandre de Moraes. “This is a null act, due to evident unconstitutionality, showing both disrespect for the principles of legality, morality and impersonality, as well as a flagrant deviation of purpose”, said Moraes about the vote that preserved Zambelli’s mandate.
Moraes’ decision was given ex officio, in the records of Zambelli’s criminal execution. In other words, unrelated to any request included in the process for Moraes to comment on the matter.
This Friday (12), the virtual plenary of the first group ratified the position. In addition to Moraes, the other members of the collegiate voted, the ministers , and .
“The best solution for cases such as the one now being analyzed is to understand that the loss of mandate constitutes an automatic result of the conviction, so that the decision of the Chamber of Deputies must only be declaratory in nature”, said Zanin in his vote.
On the same day he saved Zambelli, the plenary of the Chamber of Deputies also preserved the mandate of federal deputy Glauber Braga (PSOL-RJ), opting to remove him for six months, which displeased Motta’s political godfather, federal deputy Arthur Lira (PP-AL).
What remains for Motta are the cases of congressman Alexandre Ramagem (PL-RJ), who fled to the United States after being convicted by the STF, and congressman Eduardo Bolsonaro, who left office to seek support from Donald Trump’s government in an attempt to save his father, Jair Bolsonaro, from a conviction by the supreme court.
Zambelli and ten years in prison for breaking into the CNJ (National Council of Justice) system with the help of hacker Walter Delgatti Neto, also convicted.
The deputy is imprisoned in Italy, where she fled after being convicted by the (Supreme Federal Court).
