Following the decision to release State Deputy Rodrigo Bacellar (União), arrested by the Federal Police last Wednesday (3), Alerj (Legislative Assembly of Rio de Janeiro) plans to communicate the decision to Minister Alexandre de Moraes, of the STF (Supreme Federal Court), by Tuesday.
Bacellar’s arrest was ordered by Moraes after an investigation by the PF. The Alerj president is suspected of being involved in the leak of the PF’s own operation that arrested former MP TH Joias in September.
Of the 65 parliamentarians who voted, 42 spoke in favor of the release and 21 defended the maintenance of the prison. There were two abstentions and four parliamentarians were absent. 36 votes were needed.
The decision will be published in the Official Journal and communicated to the STF. There is still no definition of Bacellar’s release date.
Alerj understands that the possibility of revoking the arrest is provided for in the Federal Constitution. Article 53 provides that deputies and senators will be judged before the STF and that, during the duration of their mandate, members of the National Congress “may not be arrested, except in the case of a non-bailable offense”.
“In this case, the files will be sent within twenty-four hours to the respective Chamber, so that, by the vote of the majority of its members, it can decide on the arrest,” specifies the text of the Constitution.
Although the Constitution expressly mentions members of the National Congress, the STF defined, in 2019, that legislative assemblies can establish the same parameters of immunity as federal deputies and senators, such as the possibility of revoking imprisonment.
It is Alerj who decides on release, but Moraes can determine precautionary measures other than prison, such as the use of an electronic ankle bracelet, keeping a passport and banning all contact with parliamentarians.
There is no consensus among MPs on the possibility of Bacellar taking over the presidency of Alerj, a position for which he was unanimously elected at the beginning of the year.
The decision to arrest Bacellar issued by Moraes mentions, in the same article, the dismissal from the presidency. Parliamentarians wonder whether the expulsion is temporary, that is to say if it is linked to Bacellar’s prison sentence – and would be suspended upon his release –, or if it is independent of the prison.
“There is currently no consensus on anything. A significant part of the deputies voted for their release, a part probably wants them to return to the presidency of the Chamber. Maybe this position is in the minority today, but it has the support of a part of Parliament,” said MP Flávio Serafini (PSOL) after the vote. The parliamentarian voted to maintain the prison.
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