Minister Alexandre de Moraes of the Federal Supreme Court (STF) will report the action presented by the Chamber of Representatives to try to suspend the criminal action against Deputy Alexandre Ramagem (PL-RJ), the former president Jair Bolsonaro (PL) and the other leaders of the state of state.
The process was distributed on Thursday 15, to the office of the Minister for Prevention based on the Stf internal regulations rule which “will be distributed to the same speaker at the precautionary action and the main process or to the appeal”.
Since Moraes is a speaker of the investigation of the coup and criminal actions derived from him, the appeal of the Chamber of Deputies was sent to the Minister’s collection.
The mayor, Hugo Motta (Republicans-PB), filed a cause on Tuesday 13, claiming that the decision of the first class of the Supreme Court that maintained the action of the coup d’état has violated the principle of separation of powers and parliamentary immunity.
“By partially preventing the exercise of a constitutional attribution of the Chamber of Representatives, the decision-making object of the topic improperly assumed the function of political-parliamentary control, distorting the institutional design outlined by the Constitution”, says an extract of the process.
The Chamber of Representatives states that the decision “empties the role of legislative power in containing any abuse in the exercise of criminal actions against its members”.
Hugo Motta also claims that it is up to the legislator himself to “define the extension” of the suspension of the procedures in each specific case.
“The support foreseen in the Constitution is not a shield of impunity, but a tool to protect the free exercise of the mandate, whose legitimacy derives from popular sovereignty and the need for balance between the powers of the Republic.”
The Constitution authorizes the Chamber and the Senate to suspend the progress of criminal proceedings against parliamentarians, provided that the decision has the support of the majority of the plenary of the legislative chamber.
Since Branch is one of the defendants, the Chamber has approved the suspension of the action of the coup, in an attempt to benefit from the other objectives of the trial, including the former president, but the first class of the Supreme Court has considered that the prerogative is “very personal”, that is, only for parliamentarians in the exercise of the mandate and does not extend to other accused in the trial.
The ministers also reiterated that the rule applies only to crimes after graduation. Therefore, they maintained the trial, at the base of the crimes after graduation of the branch.
Two crimes attributed to the deputy in the process are after the qualified damage and the deterioration of the listed activities. These are the crimes related to the vandalism of 8 January 2023. As for them, the Supreme Court suspended the trial until the end of the mandate.
The deputy also responds for three other crimes – an armed criminal organization, coup d’état and attempted violent abolition of the democratic state – relating to the alleged joints of the plan of state coup. These will proceed normally.
Source: Terra
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