The Attorney General of the Republic, Paulo Gonet, sent to the Supreme Federal Court (STF) opinion contrary to the possibility of a parliamentarian exercising mandate remotely.
The demonstration was attached this Thursday (2) to writ of mandamus filed by the defense of former Deputy Chiquinho Brazãodefendant in the Supreme for the accusation of being the mastermind of the murder of the Councilor Marielle Franco.
In April this year, the House of Representatives Cassated the mandate of Brazão for absences to the sessions of the house. The former deputy is arrested due to the investigations of the Marielle case.
According to the defense, the absences occurred due to pre -trial detention And they cannot be equated with unjustified absences to revoke the mandate.
In Gonet’s understanding, The Constitution has defined that the loss of the mandate must be declared in the case of deputies and senators who are missing one third of the ordinary sessionsexcept in situations of license or mission authorized by Congress.
“It is clear from the constitutional text, therefore, that, as a rule, the exercise of the parliamentary mandate does not dispense with the physical presence of the deputy or senator in the sessions of the respective Legislative House,” said Gonet.
Eduardo Bolsonaro
PGR’s opinion corroborates the decision of the President of the House of Representatives, Hugo Motta (Republicans-PB), who denied request from PL so that Deputy Eduardo Bolsonaro (PL-SP) is appointed as leader of the minority in the house.
The nomination was an attempt to oppose the deputy of faults for not in person in the sessions of the house. Leaders are not required to register in plenary.
Eduardo has been in the United States since February and has been accused of fostering the commercial sanctions of President Donald Trump’s government against Brazilian exports, the application of the magnitsky law and the suspension of visas of court ministers and federal government members.
Upon leaving the country, the parliamentarian requested a license of 120 days, which ended on July 20.
