Minister Flávio Dino, of the Federal Supreme Court (STF), authorized the individual amendments to the 2026 Budget presented by former deputies Alexandre Ramagem (PL-RJ) and Eduardo Bolsonaro (PL-SP) to be “unblocked” and assumed by their substitutes, deputies Dr. Flávio (PL-RJ) and Missionário José Olímpio (PL-SP), respectively. On the other hand, the minister denied the request to reopen the deadline for presenting amendments to former deputy Carla Zambelli (PL-SP), deputy Adilson Barroso (PL-SP).
The decision was handed down as part of a lawsuit filed by the Socialism and Freedom Party (PSOL), which was filed by the former director of the Brazilian Intelligence Agency (Abin) and the son of former president Jair Bolsonaro on the grounds that both were not effectively exercising their mandate as they resided outside the country at the time the amendments were presented. Dino had ordered the blockade in December.
When analyzing a subsequent request from the Chamber of Deputies, the rapporteur applied the device to avoid “disproportionate harm” to the new occupants of mandates and the populations they represent.
Opportunity with security!
“Far from meaning illegitimate “judicial activism”, an expression worn out by misuse, accepting the Chamber’s claim implies – with the correct interpretative technique – cutting off losses that violate the principle of proportionality”, wrote Dino.
In both cases, Dino stated that the “undue delay” in formalizing the loss of mandates caused them to present amendments that were now blocked by court decision.
In Zambelli’s case, the request was denied because, during the amendment submission period, Zambelli did not submit any proposals because she was imprisoned in Italy. For the minister, reopening the deadline now would violate the principle of budget planning and the logic of the fiscal cycle.
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Revocation of mandates
Federal deputy Carla Zambelli (PL-SP) resigned from her mandate on December 14th. The Chamber had rejected the loss of her mandate, but the First Panel of the Supreme Court ordered her revocation. As shown by the EstadãoZambelli’s strategy, according to allies, was to accept defeat and avoid further damage.
The plan consists of, upon resignation, gaining authorization to leave prison. The second step of the strategy is, with the release, to be able to reverse the extradition request to Brazil.
Her group assesses that the status of a parliamentarian who resigned is different from that of a revoked congresswoman. The resignation, added to the fact that the Chamber rejected the impeachment, will reinforce the argument of political persecution.
The STF sentenced Zambelli to ten years in prison and the loss of his mandate for his involvement in the cyber invasion of the National Justice Council (CNJ) system carried out by hacker Walter Delgatti Neto. Her case became final in June, and the following month she fled to Italy. She was also later convicted of illegal possession of a firearm and unlawful restraint with the use of a firearm.
Eduardo Bolsonaro and Alexandre Ramagem were impeached on December 18 by the Board of Directors of the Chamber. The two deputies are outside the country. Eduardo Bolsonaro is in self-exile in the United States. Alexandre Ramagem, convicted by the STF, is on the run, also in the USA.
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Ramagem was sentenced to 16 years, 1 month and 15 days in prison for participating in the coup attempt to reverse the result of the 2022 elections.
