The Chamber’s Constitution and Justice Committee (CCJ) analyzes this Monday (23) the appeal by deputy Chiquinho Brazão (no party-RJ) against the decision of the Ethics Council.
The parliamentarian’s mandate committee, accused of being one of the masterminds behind the death of councilor Marielle Franco, in 2018.
The deputy’s defense – who has been in prison since March – filed an appeal on Thursday (19) questioning the process at the Ethics Council. The rapporteur of the request at the CCJ is deputy Ricardo Ayres (Republicanos-TO).
The deputy’s opinion has not yet been released. After being read by the committee, it is still possible to request a review (more time for analysis) of the report, which may postpone the vote on the appeal.
The appeal will be analyzed by the CCJ in a semi-presential session, which allows congressmen to register their vote remotely, using an application. Because of the elections, Congress is emptied and deputies have not had face-to-face activities.
After the CCJ, the plenary will make the final decision on whether to lose the mandate or not. For the mandate to be revoked, at least 257 favorable votes from deputies are required. The deadline for voting is 90 working days, starting in May.
At the Ethics Council, the action analyzed was presented by the PSOL bench, the party of councilor Marielle Franco. On August 28, the Ethics Council approved the opinion of Congresswoman Jack Rocha (PT-ES).
The rapporteur concluded that Brazão would lose his mandate based on the conduct of “practicing serious irregularities in the performance of his mandate or resulting charges, which affect the dignity of popular representation”, provided for in the Chamber’s Code of Ethics.
Defense requests
Filing an appeal at the CCJ is mandatory. The parliamentarian may question the Ethics Council’s procedures if he assesses that the process was unconstitutional or anti-regimental.
In the appeal, the deputy’s defense alleges the rapporteur’s “lack of impartiality”. The lawyers ask for a new draw for the rapporteur and the “reinauguration of the process, since the federal deputy rapporteur for the representation had already expressed a position contrary to the deputy prosecuted due to the same facts”.
To support the request, the defense included in the appeal a photo of the rapporteur holding a sheet of paper with the inscription “Coat of arms in prison” on March 27 – before she was drawn and chosen for the rapporteur.
The lawyers also allege the “violation of the guarantee of contradictory and full defense” and request that statements be made by “all witnesses indicated in the work plan, including upon summons”.
Brazão’s defense also demanded “isonomy” in the analysis of the case and argues that “the alleged facts occurred before the defender assumed the mandate of deputy”.
Brazão was arrested on March 24 and is one of three accused of ordering Marielle to be killed. His brother, the counselor of the Court of Auditors of the State of Rio de Janeiro (TCE-RJ), Domingos Brazão, and the former head of the Civil Police of Rio de Janeiro Rivaldo Barbosa are also being investigated for involvement in the death of the councilwoman and the her driver, Anderson Gomes.
