The decision of the minister of the (Supreme Federal Court) to annul this Thursday (11) the vote taken by the deputy (-SP) should increase pressure on the president of the Chamber, (-PB), and create an impasse over the situation of the fellow Bolsonaro deputy (PL-RJ), they told Sheet influential deputies in the House.
The turnaround in the case will lead Motta to new strains, these deputies reported to the report: complying with the court order and displeasing the opposition or not complying and becoming strained with government officials and the STF. Until late Thursday night, he had not publicly commented on the decision.
Statements by bench leaders shortly after Moraes’ decision give an indication of what the impasse will be like. The leader of the PL, (RJ), who bypasses the Legislature. The PT member (RJ) agreed with the STF minister.
Motta’s allies claim that the president of the Chamber was in a complicated situation, as the order was directed directly at him and there would be a risk of being penalized for failing to comply with it. Initially, Moraes did not impose any punishment, but that could change, say parliamentarians.
On Wednesday night, the Chamber decided to maintain the deputy’s mandate, contrary to the Supreme Court’s decision. Zambellie to ten years in prison for breaking into the CNJ (National Council of Justice) system with the help of hacker Walter Delgatti Neto, also convicted. She fled Brazil and is trapped in Italy.
The STF minister directly ordered Motta to declare Zambelli’s loss of mandate and appoint the substitute within 48 hours.
The assessment reported to the Sheet is that there will also be an impasse over deputy Alexandre Ramagem. He was convicted in the coup plot process and fled Brazil.
As in the case of Zambelli, the STF determined the loss of the mandate of the deputy from Rio de Janeiro and the leadership of the Chamber.
If Motta backs down and cancels the vote on Ramagem, he will wear out the deputies who support the Bolsonarist – and will set the precedent for other cases of convictions of deputies, from now on, to have automatic revocation. If you maintain the vote, you will be placing yourself against a guideline already indicated directly by the Judiciary and at risk of damaging the relationship with the STF.
In addition to creating a complicated situation for Hugo Motta to manage within the Chamber, Moraes’ decision is likely to reignite friction between the Legislature and the Judiciary. Senators and, mainly, deputies, usually complain about Supreme Court decisions that conflict with Legislative deliberations.
When annulling the vote on Zambelli, Moraes said that the act is “evidently unconstitutional, present both in the disrespect for the principles of legality, morality and impersonality, and in the flagrant deviation of purpose.”
According to him, Motta’s choice to submit the representation of the Zambelli case to the House plenary for deliberation and voting is, from the outset, invalid. It would only be up to the Chamber to comply with what was decided by the STF.
“In respect for the Federal Constitution, it is the Judiciary that determines the loss of the parliamentary mandate criminally convicted with final and unappealable judgment, and it is up to the Board of, under the terms of §3 of article 55 of the Federal Constitution, only to DECLAR THE LOSS OF THE MANDATE, that is, to issue a linked administrative act”, he said.
The decision was given ex officio, in the records of Zambelli’s criminal execution. In other words, without the Supreme Court having received any request to comment on the matter. The last progress of the process took place on Sunday (7), at a request from the Bolsonarista’s defense.
The minister cites reports about the Chamber’s deliberation, including an image from the House’s website.
Moraes also asks Minister Flávio Dino, president of the First Panel, to hold a virtual plenary session from 11am to 6pm this Friday (11) to analyze the topic. The session was confirmed about an hour later by Dino, and the expectation in the Chamber is that Moraes’ decision will be endorsed by the Judiciary.
