On Thursday (8), the Parties Network called the Parties to the Federal Supreme Court (STF) to request the unconstitutional decision of the House of Representatives, which suspended the criminal procedure against MP Alexander Ramjim (PL-RJ) in the investigation achieved in the coup attempt.
The decision of the House of Representatives, which was approved by the deputies on Wednesday (7), also opens GAP for former President Jair Bolsonaro (PL-RJ) and other defendants in the investigation. The procedure was approved by the Constitution and Justice Committee in the House of Representatives (CCJ) and a consultant by the plenary session.
The parties argue that the constitution allows Criminal work suspension Against parliamentarians, but it does not apply to defendants who do not occupy delegations at the National Congress.
ADPF (the argument of incompatibility with the basic principle) indicates the unconstitutionality of the CCJ’s arguments that led to the suspension of criminal work, based on the concept of parliamentary immunity – constitutional fluctuation to ensure the performance of deputies and members of the Senate.
This Thursday, the Chamber informed the official Supreme Court regarding the suspension of the criminal procedure, which was issued by the House of Representatives on Wednesday evening.
Also on Thursday, the Minister of Supreme Court Alexander de Mora requested a virtual session for the first row of the court to analyze the suspension of the case.
Chamber’s decision
The report approved by the House of Representatives is completely suspended by the criminal procedure, and not only the branch, but the other defendants. For rulers, the proposal is unconstitutional. They argue that the efficiency of the room only covers parliamentarians.
S. Request a comment From the criminal procedure submitted by PL and is based on Article 53 of the Constitution. The standard determines that all deputies and members of the Senate do not speed it, civilians and criminals, “for any of their opinions, words and voices.”
An excerpt from the article indicates that when there is a complaint against Parliament due to a crime that occurred after the diploma, the Supreme Court will be aware of the Congress, and in the political party’s initiative, it is permissible to join the progress made in the case.
“The complaint against the Senator or the deputy, due to a crime that occurred after the diploma, will be the federal Supreme Court with knowledge of the home concerned, which, in the initiative of the political party represented and the vote of most of its members, will be voted, so that the constitution is suspected.”
The constitution provides for his analysis by the House of Representatives within 45 days. If the appeal is approved by at least 257 deputies, the criminal procedure is suspended while the defendant has an authorization. If the deputy is not re -elected or lost, then the process works again.
