Deputies investigated for acts in Brasília took possession this week; specialists veem crags

Three two deputies who took office in the Chamber at this fourth fair (1st) are investigated in an inquest by the Federal Supreme Court (STF) for possible involvement in the criminal acts that occurred on January 8, in Brasília. Other parliamentarians are not represented by their alleged participation, not attack.

On last Sunday (29), the minister of the STF Alexandre de Moraes denied a feit request by a group of lawyers for the suspension of deputies allegedly involved with the crimes.

In his statement, therefore, the minister stressed that the investigations into the attack will continue and that those involved “will be held civil, political and criminally responsible.”

A CNN He consulted law enforcement specialists in order to explain the legal situation of the two parliamentarians under investigation.

Or that we fizeram the deputies investigated

The deputy Clarissa Tércio (PP-PE) is accused of being questioned by publicação feita nas redes sociais, on January 8, in which she says: “We have just taken power. We are inside the Congress. All dust is here on top. Isso vai ficar for history, history two net meus, two meus bisnetos”.

Also on social networks, deputy Sílvia Waiãpi (PL-AP) posted videos two times with the legend: “Powder takes Esplanada dos Ministérios this Sunday! Seized of power by the Brazilian people dissatisfied with the red government”.

The deputy André Fernandes (PL-CE) is investigated for videos in which he called “attoo contra el governo Lula” for the 8th of January. After the invasions, he posted the image of a vandalized closet of the STF, with the name of Minister Alexandre de Moraes, accompanied by the legend: “Quem rir vai preso”.

The investigation of the STF investigates alleged crimes of terrorism, incitement to crime, violent abolition of the Democratic State of Law, coup d’état, among others, by two parliamentarians.

Other deputies who assume the mandate are some of the representations of the STF — without inquérito opening at the moment. This is the case of Sergeant Gonçalves (PL-RN), who published a video of the invasion of Congress with the caption: “Multidão de protesters break the police barrier and occupy the National Congress. All power emanates from the powder”.

Inquérito does not affect posse, more investigations have continuity

The lawyer and professor of the University of São Paulo (USP) Pierpaolo Bottini explains that, despite the opening of the inquiry, two deputies have not been denounced for the practice of crime. Therefore, they can take possession and, in principle, exert or charge.

The inquérito marks the procedural phase in which the authorship and materiality of the crime are being investigated, says Professor of Constitutional Law Samantha Meyer. Only after this urgency, the Public Ministry — the figure of the Attorney General of the Republic (PGR), since the deputies have a privileged forum — can offer a complaint.

The president of the OAB-SP Electoral Law Commission, Ricardo Vita Porto, explains that the case or process that advances the mandates of the two parliamentarians is at risk. “If a complaint is filed by the MP, they will respond to criminal action and, as soon as they are convicted, they will be able to have their mandates declared extinct.”

The Constitution establishes that parliamentarians can only lose their mandate after a sentence passed by the court — or it is said, a decision that cannot be passed. Samantha Meyer points out, bluntly, that even in this case the marriage is not definitively materialized.

“Even after this judicial decision passed by the judge, in order for them to be granted or mandated, the Constitution requires that the House to which the parliamentarian belongs vote [com necessidade de maioria absoluta] authorizing loss of mandate. Therefore, it is a very difficult process ”, he points out.

You have precautionary measures

Case of denunciation of the PGR against the parliamentarians, or process tem continuidade. During this period, the réus is assured the guarantees of due legal process, such as extensive defense and contradictory. Além disso, em principio, the parliamentarians respond freely.

The Constitution establishes that parliamentarians cannot be subject to precautionary measures, except in flagrante delicto inafiançável. Even so, according to the possibility, explains a professor of Constitutional Law, “the files must be sent to the House within 24 hours so that it is authorized or not to prison.”

Pierpaolo Bottini points out that “in case of obstruction of investigations, reiteration of criminal continuity or risk of flight” there may be determination of precautionary measures against parliamentarians.

Mandates can be subject to complaints of breach of decorum

The mandates of the two deputies are not at risk solely on account of the judicial process, according to the specialists consulted by CNN. The jurists stand by the possibility of the parliamentarians will be free from complaints for breach of decorum.

“Someone can enter with a request for breach of parliamentary decorum, saying that this demonstration in favor of the act is incompatible with decorum. But this happens inside the House. The parliamentarians themselves vote for the loss of their mandate or not. This is not just a judicial process, it is a political process”, explains Meyer.

Only the political parties with representation in the National Congress and the Board of Directors of the Chamber have the power to assign representation for breach of parliamentary decorum against deputies together with the Council of Ethics and Parliamentary Decorum.

Ricardo Vita explains that the deputies may be subject to complaints of breach of decorum for their alleged participation in criminal acts, since they had never been certified at the time of the attack on the Three Powers.

In the same statement in which he denied the suspension of the two parliamentarians, Alexandre de Moraes stressed that “the conduct of the two deputies must be analyzed within the Ethics Council of the Chamber of Deputies.”