STF must uphold Moraes’ ruling that overturned House vote on Zambelli mandate

The tendency is for Moraes’ decision to be fully confirmed by the other members of the Panel. In addition to him, ministers Flávio Dino and Cristiano Zanin and minister Cármen Lúcia are part of the board of directors.

Moraes’ decision will be examined in virtual plenary, during an extraordinary session convened by Dino, Chairman of the Panel, following a request from Moraes. The session will last from 11 a.m. to 6 p.m.

In this Thursday’s decision, Moraes decreed the immediate loss of the parliamentary mandate and determined that the President of the Chamber, deputy Hugo Mota (Republicanos-PB), will assume his duties as substitute within a maximum period of 48 hours, in accordance with article 241 of the Internal Regulations of the Chamber.

According to Moraes, the deliberation of the Chamber of Deputies, which rejected the loss of Zambelli’s mandate, “took place in flagrant violation” of the Constitution.

“This is a VOID ACT, due to obvious unconstitutionality, demonstrating both a lack of respect for the principles of legality, morality and impersonality, as well as a blatant deviation from the objective,” said the Minister of the Supreme Court.

The minister also asked the chairman of the First Panel of the STF, Flávio Dino, to schedule a virtual session for this Friday, from 11:00 a.m. to 6:00 p.m., so that the other ministers of the collegiate can judge whether or not they confirm the decision he made. The Attorney General’s Office has been informed of the decision.

According to Moraes, the Federal Constitution gives the judiciary the power to determine the loss of the parliamentary mandate in the event of a criminal conviction that becomes final and without appeal. In these cases, the judge explained, it is up to the Council of the Chamber to simply declare the loss of the mandate, through a related administrative act, as provided for in the Constitution.

The minister, who is rapporteur of the process which resulted in the conviction of the deputy, also underlined in his decision that the vote of the Chamber contradicted a series of judgments of the STF on the subject, emphasizing that the Court, since the judgment of Criminal Action 470 (the “mensalão”), in 2012, has consolidated the idea according to which parliamentarians found guilty of criminal offenses automatically lose their mandate.