Moraes will be a rapporteur of action by Hugo Motta to stop the lawsuit against branch
Minister Alexandre de Moraes of the Federal Supreme Court (STF) will be the rapporteur of the lawsuit presented by the President of the Chamber of Deputies, Hugo Motta (Republicans-PB), who seeks to completely suspend the criminal action against Deputy Alexandre Ramagem (PL-RJ).
The action, filed through an argument of Fundamental Precept (ADPF), was distributed to Moraes by prevention, a procedure that forwards the case to a minister who already conducts another related process – in this case, the investigation of the coup plot, in which ramage is defendant.
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Dispute between Chamber and STF
In early May, the plenary of the House of Representatives approved a resolution in full suspending the process against branch, which is accused of five crimes related to the attempted coup. However, the Supreme Court decided to maintain the progress of the action for three of these crimes, because it understood that only two would have been committed after the diploma of branch as deputy, contrary to the decision of the Legislative House.
In the ADPF, Hugo Motta claims that the Supreme, in limiting the suspension of the process, “represents direct and frontal violation to the fundamental precepts of separation of powers and formal parliamentary immunity.” According to the document, the STF’s decision “empties the role of the Legislative Power in containing any abuse in the exercise of criminal prosecution against its members.”
Next Steps
The process will be analyzed separately from the coup plot investigation, despite being related to the same context. If the ADPF is not filed, it will be judged by the STF plenary. Moraes, as a rapporteur, should evaluate whether the action is admissible and whether the decision of the Chamber on branch should be preserved.
