Minister Alexandre de Moraes, of the STF (Supreme Federal Court), voted this Friday (12) to maintain his decision in the process that determined the loss of the mandate of federal deputy Carla Zambelli (PL-SP).
The case is judged in virtual plenary (platform on which ministers vote, without debates) of the first college of the Supreme Court, which is also composed of Flávio Dino, Cármen Lúcia and Cristiano Zanin. The judging session lasts until 6 p.m.
Moraes decided to lose his mandate this Thursday (11). In the same decision, it determined that the President of the House, Hugo Motta (Republicanos-PB), will be sworn in as a parliamentary deputy within 48 hours.
In the early hours of Thursday, the House saved Zambelli’s term. There were 227 votes for impeachment and 170 against – a majority of 257 votes was needed to revoke it.
The parliamentarian is imprisoned in Italy, where she fled after being convicted by the STF for ordering the invasion of the CNJ (National Council of Justice) systems.
This episode increased the climate of tension between the legislative power and the judicial power.
“It 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 intended purpose,” Moraes said of the vote that preserved Zambelli’s mandate.
According to the rapporteur, the procedure adopted by Motta consisting of submitting the representation of the case of the PL deputy to the plenary of the Chamber for deliberation and vote is invalid. According to him, it would be up to the House to simply comply with what was decided by the STF.
“In compliance with the Federal Constitution, it is the Judicial Power which determines the loss of the parliamentary mandate criminally convicted with final judgment, and it is up to the Council of the Chamber of Deputies, under the terms of §3 of article 55 of the Federal Constitution, to only declare the loss of the mandate, that is to say to issue a related administrative act,” he declared.
Zambelli’s allies spoke out on social media harshly criticizing Moraes. The leader of the PL in the House, Sóstenes Cavalcante (RJ), described the minister as a “psychopath dictator”. Sóstenes said Moraes was abusing his own power.
Moraes’ decision was made ex officio, in the minutes of Zambelli’s criminal execution. In other words, unrelated to any request included in the process for Moraes to comment on the matter. The last advance in the process took place on Sunday (7), at the request of the Bolsonarista defense.
The minister cites reports of the House’s deliberations, including an image from the House’s website.
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