PGR is against suspension of office of suspected deputies

The Attorney General’s Office came out this Saturday (28) against a request by lawyers linked to the PT, presented by Minister Alexandre de Moraes, of the Federal Supreme Court (STF), to suspend the inauguration of newly elected federal deputies by alleged connection with acts of vandalism against the Three Powers on January 8. The manifestation is signed by Carlos Frederico Santos, Deputy Attorney General of the Republic.

The action was filed by the Prerogativas group, an ally of President Luiz Inácio Lula da Silva (PT). Its targets were Carlos Jordy (PL-RJ), Silvia Waiãpi (PL-AP), André Fernandes (PL-CE) and Nikolas Ferreira (PL-MG), who will take office in the Chamber, and Sargento Rodrigues (PL-MG) and Walber Virgolino (PL-PB), elected to the assemblies of Minas and Paraíba, respectively.

In the demonstration, the deputy prosecutor recalls that deputies have, since diplomation, constitutional prerogatives of formal and material immunity, as provided for in article 53 of the Constitution. Therefore, any act that constitutes a violation of decorum must be investigated and processed under the terms of the Internal Regulations and the Code of Ethics of the Chamber of Deputies, by the Council of Ethics and Parliamentary Decorum. “This body is responsible for examining the conduct imputed, in the petition, to elected and graduated federal deputies, under the terms of article 21, of the Internal Regulations of the Chamber of Deputies”, says the deputy prosecutor in the decision.

The sub-prosecutor also states that, as at the moment, there are no elements that indicate that the deputies have concurred, even if by incitement, for the crimes carried out on January 8th, there is no fair match for the initiation of an inquiry or for the inclusion of the parliamentarians in the investigations already initiated. “It is obvious that, if new elements emerge that indicate that the deputies contributed to the crimes, they will be investigated and eventually prosecuted in the form of the legislation in force”, he added.

According to the manifestation, the initiation of investigations without minimum elements “violates fundamental rights and guarantees, subjecting the investigated person to illegal constraint, in terms of the jurisprudence of the Federal Supreme Court”. Thus, the deputy prosecutor followed the same understanding presented by the group of lawyers in the petition to the STF.

He also recalled that the appeal against diplomacy should have been presented within a specific period, provided for in the Electoral Code, by the legitimate actors.