Most of the Supreme Court votes to maintain criminal action against branch for attempted coup
The first class of the Federal Supreme Court formed a majority on Friday (9) to maintain the criminal action against federal deputy Alexandre Ramagem (PL) for crimes related to the attempted coup in 2022. The decision contradicts the House of Representatives, which had voted for the suspension of the lawsuit against the parliamentary.
Last week, the House approved the suspension of the criminal action, based on the Constitution, which allows the legislature to suspend criminal proceedings against deputies for crimes committed after the diploma. However, the STF ministers understood that part of the crimes attributed to branch occurred before their inauguration as a deputy, which removes the effect of parliamentary immunity.
APPROVAL STF Agreement altering the use of cameras by police from SP; See the changes
New model foresees remote and automatic drive, with priority for battalions that work in areas of high lethality
STF judges today Carla Zambelli and Hacker by invasion of the CNJ system
Deputy is accused of guiding Delgatti to forge arrest warrant against Alexandre de Moraes
According to the Court’s decision, three accusations against branching: violent abolition of the democratic rule of law, coup d’état and criminal organization remain in progress. On the other hand, two crimes – qualified damage and deterioration of listed assets – will be suspended as they would have occurred after diploma.
I want my access
Three of the five ministers of the class have already voted in this regard: Alexandre de Moraes, Cristiano Zanin and Luiz Fux. Two ministers are missing to vote.
The rapporteur of the case, Minister Alexandre de Moraes, highlighted in his vote that parliamentary immunity is of ‘very personal and temporal character’, applying only to crimes committed by parliamentarians after diploma. The understanding of the House, which intended to suspend all criminal proceedings, was considered unconstitutional.
“The requirements of very personal character (immunity applicable only to the parliamentary) and temporal (crimes committed after diploma) are clear and expressive, in the sense that it is impossible to apply this immunity to non -parliamentary stores and criminal offenses before diplomation,” wrote Moraes.
The STF’s decision is another chapter of the controversy involving the attempted coup of 2022. According to the Attorney General’s Office, Ramagem was part of the “crucial core” of the criminal organization that tried to prevent the inauguration of President Luiz Inacio Lula da Silva (PT). The group, which would include former President Jair Bolsonaro and his main allies, would have active to make the regular functioning of the institutions unfeasible and to testify the legitimately elected government.
The STF ministers have until Tuesday (13) to insert their votes into the electronic system, completing the trial. The decision may be questioned by the defense of branch, but the understanding already establishes jurisprudence on the limits of parliamentary immunity in cases of serious crimes.
