The deputies of Alerj (Legislative Assembly of Rio de Janeiro) decided, this Monday (8), to release State Deputy Rodrigo Bacellar (União), President of the House.
Of the 65 deputies who voted, 42 voted for release, 21 voted for maintaining the prison and two voted for abstention. 4 other parliamentarians were absent
Bacellar was arrested by the Federal Police last Wednesday (3), suspected of being involved in the escape from the operation which arrested former deputy TH Joias, in September. TH is accused of serving as an intermediary in the purchase and sale of drugs, weapons and equipment for the Red Command.
Bacellar’s arrest was ordered by Minister Alexandre de Moraes, of the STF (Federal Supreme Court), on the basis of an investigation by the PF.
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.
There is still no definition of Bacellar’s release date. The decision will be communicated to Moraes.
The minister can also determine precautionary measures against Bacellar, such as banning contacts with parliamentarians and access to Alerj.
There is also no consensus among MPs on the possibility of Bacellar taking over the presidency of Alerj, the position for which he was unanimously elected at the beginning of the year.
The decision to arrest Bacellar, issued by Moraes, mentions his 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.
The doubt was the subject of a debate during the meeting of the CCJ (Constitution and Justice Commission) which approved the text for the vote this Monday morning.
Deputy Luiz Paulo (PSD) proposed two votes: the first to vote on Bacellar’s release and the second to decide whether he will return to the presidency.
The president of the CCJ and ally of Bacellar, Rodrigo Amorim (União) denied this suggestion and argued that after the possible release, Alerj should send the decision to Moraes, and that it is the minister who should decide on the mandate and the vacancy of the presidency.
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