Chamber maintains arrest of Chiquinho Brazão for Marielle case

The Chamber of Deputies approved the maintenance of the arrest of federal deputy Chiquinho Brazão (no party-RJ), identified as one of the masterminds behind the murder of Rio councilor Marielle Franco and driver Anderson Gomes, in 2018. There were 277 votes in favor, 129 against and 28 abstentions.

Earlier, the Constitution and Justice Commission (CCJ) decided, by majority, to keep Brazão in prison. The score at the CCJ was 38 to 25. However, the final result depended on the plenary. The deputies did not analyze the accusations against Brazão, but the legality of preventive detention.

In the plenary, 257 votes were needed, that is, an absolute majority, in favor of Darci de Matos (PSD-SC) to maintain the prison. The vote, which was open and nominal, took place after an agreement between party leaders and the president of the Chamber, Arthur Lira (PP-AL), so that the case would not be discussed.

The rapporteur defended, in his speech in the gallery, that it is necessary to deepen the debate on the prerogatives of parliamentarians. Darci de Matos also said that it is not possible “to admit that parliamentary immunity is used to commit crimes”.

On March 24, Federal Supreme Court (STF) minister Alexandre Moraes authorized the preventive detention of Brazão and two other suspects. Moraes’ decision was endorsed by the First Panel of the Court. According to the Constitution, a deputy can only be arrested in the act of committing a non-bailable crime.

The minister argued that the flagrant offense refers to the crime of obstruction of justice in a criminal organization. “If they remain free, they will continue to obstruct the work of the Judiciary Police, taking advantage of the economic power they have and their contacts with illicit networks existing in the Municipality of Rio de Janeiro”, said Moraes in the decision.

Brazão’s defense says there was no act to arrest him

Lawyer Cleber Lopes, who represents the deputy, criticized the handling of the case and highlighted that a parliamentarian can only be arrested in flagrante delicto for a non-bailable crime. He asked parliamentarians to declare Brazão’s arrest illegal. For the defense, “there is no flagrant state” in this case, which is why Brazão should not have been detained.

“My client is in prison for a report that I cannot access. My client is in the federal penitentiary system, in isolation for 23 hours and with only one hour of sunbathing. In fact, he cannot participate in this session because there are no agents or internet connection in the prison,” he said.

Lopes stated that any parliamentarian could be the target of a plea bargain and face preventive arrest. “I have no doubt that if the Brazilian Parliament does not take a position now, today, rejecting decisions like this, we will have serial preventive arrests decreed in the future”, highlighted the lawyer.

Brazão is accused of being one of those responsible for the deaths of Marielle and Anderson

Brazão was arrested on March 24 by the Federal Police during Operation Murder Inc. Also arrested were the deputy’s brother, Domingos Brazão, who is a counselor at the Court of Auditors of the State of Rio de Janeiro, (TCE-RJ), and the former head of the Civil Police of Rio Rivaldo Barbosa.

The operation was based on the statements of former military police officer Ronnie Lessa, arrested since 2019 and accused of being one of the perpetrators of the crime, in the plea bargain agreement. The former PM would have identified who ordered the murder and also indicated the motivation for the crime.

The Brazão brothers are politicians with a long history in the state of Rio de Janeiro. Historically, the family has an electoral stronghold in Jacarepaguá, in the West Zone of Rio, a region known for militia activity.