The Chamber will analyze, on Monday (23), the deputy’s appeal. The congressman’s defense questioned the Ethics Council’s decision in favor of .
Arrested since March, the deputy is accused of being one of those behind the murder of councilor Marielle Franco, in 2018. Her driver, Anderson Gomes, was also killed.
On August 28, the Ethics Council approved the opinion of deputy Jack Rocha (PT-ES), which concluded that Brazão lost his mandate based on his conduct of “practicing serious irregularities in the performance of his mandate or resulting responsibilities, which affect the dignity of popular representation”, provided for in the Code of Ethics.
The appeal to the CCJ is procedural. The parliamentarian’s defense may question the Ethics Council’s procedures if it assesses that the process was unconstitutional or anti-regimental.
Last week, the president of the Chamber, Arthur Lira (PP-AL), (19) for Brazão’s defense presented the request.
Brazão’s lawyers presented three arguments against the revocation. Among them, an assessment that the PT deputy rapporteur of the process was not impartial when preparing an opinion.
Posts by the parliamentarian on social media against the deputy were gathered by the defense in the application. In an attempt to annul the revocation, the defense still argues that more witnesses should be heard, in addition to the 11 who gave testimony to the panel.
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 sued deputy, due to the same facts”.
They also allege a “violation of the guarantee of contradictory and full defense” and request that the testimonies of “all witnesses indicated in the work plan be carried out, including upon summons”.
The appeal’s rapporteur at the CCJ is deputy Ricardo Ayres (Republicanos-TO). The opinion has not yet been released. 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. The representation began to be processed at the collegiate in May.
The confirmation of the analysis of the appeal worried members of the PSOL, the party of the Rio councilor.
The assessment of those following the case is that the measure was filed during a period favorable to the deputy, as work in the National Congress is practically at a standstill due to the municipal elections.
Leaders also question whether a virtual session could favor Brazão, as it prevents debates from taking place and, in PSOL’s view, could facilitate votes in favor of the deputy.
After the collegiate’s opinion, the impeachment must be analyzed in the Chamber plenary in an open and nominal vote.
