STF judges Moraes’ decision on Zambelli in virtual plenary

The Supreme Federal Court (STF) evaluates, this Friday (12/12), whether or not it approves the decision of Minister Alexandre de Moraes, who canceled the deliberation of the Chamber of Deputies and decreed the immediate loss of the mandate of MP Carla Zambelli (PL-SP). The analysis will be carried out during an extraordinary virtual plenary session of the first panel, from 11 a.m. to 6 p.m.

At the opening, the other ministers of the Panel will vote on whether they agree with Moraes’ decision, after the Chamber decided to maintain Zambelli’s mandate, despite a previous decision of the STF, which sentenced her to 10 years in prison and determined the loss of her position.

Zambelli was found guilty of participating in the invasion, with a hacker, of the systems of the National Council of Justice (CNJ). Imprisoned in Italy since July, after fleeing Brazil, she cannot exercise her mandate, but has maintained it until now thanks to the deliberation of the Chamber.

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House decision

In the early hours of this Thursday (11/12), 227 deputies voted for the loss of Zambelli’s mandate and 110 against, with 10 abstentions. The number was, however, less than the required 257 votes and so the representation was archived in the House.

The decision to maintain Zambelli contradicts the opinion of rapporteur Claudio Cajado (PP-BA) of the Constitution and Justice Commission (CCJ). He defended the revocation for “absolute incompatibility” between closed incarceration and the exercise of the parliamentary mandate. The parliamentarian wondered how an imprisoned MP could attend sessions and carry out legislative activities.

Even with this advice, the plenary rejected the loss of the mandate – a decision that alarmed STF ministers.

Legal pressure

How did you discover the Metropolisesmembers of the Supreme Court saw the decision as an “affront” to the judiciary and feared repercussions on other cases, such as that of deputy Alexandre Ramagem (PL-RJ), also condemned by the STF and who is also awaiting the analysis of the loss of mandate by the Chamber, whose vote is scheduled for next Wednesday (17/12), in plenary.

PT House leader Lindbergh Farias filed a mandamus with the STF on Thursday afternoon, requesting that Zambelli and Ramagem lose their mandate within 24 hours. For him, there was an “omission” by the Legislature and a non-compliance with a final judicial decision.

Moraes’ decision

In annulling the result of the plenary session of the Chamber, Moraes declared that the Constitution gives the judicial power, and not the legislative power, the competence to decree the loss of mandate of a parliamentarian convicted of a criminal offense with a definitive sentence. “The Board of Directors is only responsible for declaring the disaster, in a mandatory administrative act,” he wrote.

Still for the judge, the refusal of the deputies constituted a “manifest violation” of article 55 of the Constitution, in addition to a “diversion of purpose” and an affront to the principles of legality, morality and impersonality.

In the same decision, Moraes determined that the President of the House, Hugo Motta, will take office as Zambelli’s deputy within a maximum period of 48 hours. The vacant position should be filled by Adilson Barroso (PL-SP).

Reaction to Bolsonarism

Moraes’ cancellation of the House vote outraged Bolsonaro’s parliamentarians, who condemned the minister’s action.

PL House leader Sóstenes Cavalcante (PL-RJ) called Moraes a “psychopathic dictator” and accused the minister of promoting an “absolute abuse of power.” Nikolas Ferreira (PL-MG) also spoke of “dictatorship” and suggested that Congress be “closed”.

Michelle Bolsonaro (PL-DF) took to social media to comment on the decision. “It’s… Congress. Unfortunately, it’s sad to see you so weakened and on your knees in the face of so much arbitrariness,” she wrote.

Fugitive to the United States and convicted by the STF, Alexandre Ramagem (PL-RJ) said Moraes behaves like a “king of Brazil,” calling him “out of control.”

Behind the scenes, as reported Metropolises, In Igor Gadelha’s column, representatives of the Centrão and members of the government believe that the Speaker of the House, Hugo Motta (Republicanos-PB), will have no other alternative than to comply with the order of the STF and declare the mandate vacant, giving the mandate to the substitute.