CCJ postpones analysis of Chiquinho Brazão’s arrest

After a joint request for review, the president of the Constitution and Justice Committee of the Chamber of Deputies, Caroline de Toni (PL-SC), chose to postpone, for two sessions, the analysis of the letter (CMC 1/24) from the Supreme Court Federal (STF), announcing the arrest of deputy Chiquinho Brazão (RJ).

During the CCJ session, the letter’s rapporteur, deputy Darci Matos (PSD-SC), presented a favorable opinion to the parliamentarian’s arrest. Matos agreed with the STF’s argument that the deputy’s preventive detention was ordered due to acts of obstruction of justice, which, according to the Supreme Court, continued to be carried out over time.

“Matos’ opinion highlights that the police authority and the Supreme Court state that, ‘to this day, it is possible to assess the movement of Domingos, Chiquinho and Rivaldo in order to create obstacles to the regular processing of the elucidation of the facts surrounding the murder of Marielle and Anderson, in order to signal, in a crystal clear way, the perpetuity of their conduct.”

Among the acts that would constitute obstruction of justice, according to the rapporteur, are the compromise of police operations that investigated the case, including closed circuit images that could help clarify the facts.

When opening the debate, deputy Gilson Marques (Novo-SC) presented a request for a review, arguing that as the deputy remains in prison, there would be no reason to analyze the process in a hurry. Other opposition members supported the request for a view.

“Marques argued: ‘The Federal Police’s final report has 479 pages, Alexandre de Moraes’ decision has 41 pages. And these two very important documents are not in the system for consultation by the deputies of this commission’.”

Government members and Psol members who called for Brazão’s impeachment criticized the postponement. Deputy Chico Alencar (Psol-RJ) expressed surprise at the request for a review, while the deputy leader of the government, Rubens Pereira (PT-MA), defended the constitutional urgency of the issue and stated that the request for a review should not exceed the 72-hour deadline for CCJ analysis.

“It is very uncomfortable to talk about haste while we are fighting in defense of Marielle. The maintenance of the prison should go to the plenary today. Delaying the vote on Chiquinho and the impeachment means giving up to the militia”, declared deputy Fernanda Melchionna (Psol-SP) .

With the postponement, the final decision on the case should be resumed after April 9th, since next week, due to the party window and political agreements for the municipal elections, no sessions are scheduled in the Chamber Plenary.

Defense of the deputy

Chiquinho Brazão participated in the session via video conference, his first public speech after his arrest. In his defense, he stated that the debates he had with the councilor at the Rio de Janeiro City Council cannot be used as a reason to associate him with Marielle’s murder. “I was there fighting to approve the bill that regulated irregular condominiums over a period of one year.”

Brazão’s defense lawyer, Cleber Lopes de Oliveira, argued that it is not up to the collegiate to analyze whether the deputy is guilty or not, but rather the legality of the preventive arrest. “No one can rejoice over the death of councilor Marielle Franco, but the commission is not meeting on this date to examine the merits of the charges. The commission is meeting to examine the legality of the early incarceration of a parliamentarian in accordance with the provisions of the Federal Constitution .”

Oliveira highlighted that the arrest contradicts the constitutional provision according to which a deputy can only be arrested in flagrante delicto for a non-bailable crime. “There is no flagrant crime in the records. There is a 42-page decision that decrees preventive detention. The STF established an interpretation for the issue relating to the forum prerogative that the parliamentarian only has, if the act was committed during the exercise of the mandate or due to the mandate. The facts are prior to the parliamentarian’s mandate and, therefore, there is a void regarding the STF’s competence.”

Chiquinho Brazão was arrested on Sunday (24) with his brother, counselor Domingos Brazão, from the Court of Auditors of the State of Rio de Janeiro (TCE-RJ), as well as police chief Rivaldo Barbosa, suspected of being the masterminds behind the death of Marielle Franco , in 2018. They were mentioned by former military police officer Ronnie Lessa in a plea bargain approved last week by Moraes.

*With information from Agência Câmara