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The Senate is testing a measure to revoke the decision of Minister Luis Roberto Barroso, of the Federal Supreme Court (STF), which determined the removal of Senator Chico Rodrigues (DEM-RR) for 90 days. The idea is to react to Barroso’s “canetada” and push the discussion about the future of Rodrigues’ mandate to the Ethics Council, which does not work due to the coronavirus pandemic, although the full STF remains with the magistrate’s decision. The situation may give the senator survival.
To avoid further burnout, colleagues suggest that Rodrigues apply for his own license. Additionally, many senators under investigation, some of them accused of Lava Jato, are also concerned that the STF will begin to interfere in the legislature.
An ally of President Jair Bolsonaro, Rodrigues was captured by the Federal Police (PF) with R $ 33.1 thousand in underwear on Wednesday the 14th. The operation investigates the diversion of resources in the fight against the coronavirus. The scheme of embezzlement of money to face the pandemic was identified by the PF and the Comptroller General of the Federation (CGU). In the face of the scandal, Bolsonaro removed Rodrigues from the position of vice president of government in the Senate. In a note, the senator said he would prove his innocence.
However, the Supreme Court decision only becomes practical if the Senate supports the impeachment. The president of the Chamber, Davi Alcolumbre (DEM-AP), has not yet communicated what will be the referral for the case. While waiting for support to run for re-election to the Senate post, Alcolumbre takes the matter, for now, to “bain marie”. The reelection of the presidents of the House and Senate, in the same legislature, is prohibited by the Constitution.
Rodrigues’ situation is expected to be discussed at a meeting of party leaders next week. Until then, the main heads of the Senate opted for silence and avoided taking a public position on the situation. According to private reports, there is a feeling of “self-protection” among parliamentarians.
In the coming days, the Senate will have to make two decisions in relation to Chico Rodrigues. First, if he is going to support or reverse the dismissal determined by Barroso, which has yet to be judged by the full STF. Second, there will be progress or no progress in the Council of Ethics of the Chamber, which are slower, since they require technical notes, space for the defense of the senator, presentation of the report, vote in the collegiate and in the plenary session.
“We cannot remain silent seeing this interference of the Supreme in the Legislative Power, in the case of the Senate. We will bring together all the senators so that we can urgently leave as office, we call Senator Chico Rodrigues to the Ethics Council to explain or not and since then the senator gives the verdict, ”said Senator Angelo Coronel (PSD-BA), member of the collegiate. “It is the function of the Senate to revoke or not the mandate of a senator, and not of the Federal Supreme Court.”
In 2017, the senators returned the mandate to Aécio Neves
To react to the Supreme Court decision, senators will appeal the case of Aécio Neves (PSDB-MG) in 2017. At that time, the Senate prohibited a Supreme Court decision and returned the mandate to the toucan, investigated for passive corruption and obstruction of justice in the JBS case. On that occasion, the Senate Advocacy issued an opinion in which it stated that a parliamentary mandate can never be suspended by a unilateral act of the Judiciary.
“We have to revoke the decision, yes. The Senate should not accept this usurpation of power. The way to punish the senator is the Ethics Council and then the Plenary. And we have to do that,” said Senator Plínio Valério (PSDB) . -A.M). “A minister, whoever he is, cannot take office from a senator just because he doesn’t like politicians. There is a correct way to do it, which is certainly not the pen of Minister Barroso.”
Citizenship and Network activate the Council to revoke the senator’s mandate
On Friday 16, the Citizenship and Sustainability Network convened the Senate Ethics Council to open a process for the loss of the senator’s mandate. Based on an investigation by the Federal Police, the captions indicate that the senator may have taken advantage of the values of the parliamentary amendments for companies contracted by the government, received an undue advantage and committed crimes such as embezzlement, money laundering and organizing criminal.
The decision to proceed with the request rests with the president of the Senate Ethics Council, Jayme Campos (DEM-MT), after a preliminary analysis by the Advocacia da Casa. On Thursday 17, however, in an interview with Estadão / Broadcast Político, Campos ruled out the possibility of authorizing the analysis of any representation in the period in which the Senate committees are paralyzed, due to the covid-19 pandemic. The justification is the limitation for face-to-face meetings. “It affects people’s lives. From a distance, you cannot judge a senator of the Republic,” he said.
In Congress, there are those who evaluate that the conclusion of the case in the Ethics Council will be for next year, by the municipal elections. “Time is short. It is very difficult for the Ethics Council to judge this year,” said Senator Lasier Martins (Pode-RS), who is preparing a request for the President of the Senate, Davi Alcolumbre (DEM-AP), the decision of the STF be pronounced urgently, in plenary session.
To avoid further exhaustion, senators suggest Rodrigues step aside from his term. The congressman was dismissed this Friday 17 from the Mixed Commission of Congress that oversees the expenses of the Union in the pandemic, precisely the area in which he is being investigated for diversion of resources. Rodrigues was a substitute for the referee. The vacancy belongs to the bloc formed by DEM, PL and PSC in the Senate.
The electoral scene increases pressure for voluntary removal, as senators avoid publicly defending their colleagues. “Moving would be more elegant on your part. The situation was very bad for us, senators, in the eyes of public opinion,” said Vanderlan Cardoso (PSD-GO), candidate for mayor of Goiânia.
