On Wednesday (10/04), the Federal Chamber decided to maintain the arrest of deputy Chiquinho Brazão (no party-RJ), accused of ordering the murder of Councilwoman Marielle Franco and driver Anderson Gomes. The vote passed by a tight margin. There were 277 votes in favor of the maintenance of his arrest, 129 against, and 28 abstentions. 257 votes were needed to keep Chiquinho in prison. Congressmen deliberately postponed the cases’ analysis to show force in the face of previous Federal Police and the Supreme Court actions that were seen as illegitimate interferences in the Legislative Power. However, in the end, the understanding that Brazão should remain in prison prevailed.
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Associated with militias, according to Federal Police investigations, Brazão had his preventive arrest confirmed thanks to his colleagues in plenary associated with the Federal Government. Despite his defeat, the congressman managed to garner significant support from the political group called “Centrão” and some members of opposition parties.
Ethics Committee
The main argument in favor of Brazão was the possibility of other deputies being vulnerable to preventive detention, which is only provided for in the Constitution for cases of non-bailable crimes, such as homicides. The clash between the Judiciary and Bolsonaro’s supporters also contributed to increasing tension and influenced the debates.
On the same day, Brazão also had an impeachment process opened by the House Ethics Committee.
Articulation to Maintain the Arrest
While leaders of the “Centrão” and the former president of the Chamber Eduardo Cunha (PRD-SP) articulated to release the deputy, ministers of the STF and the mayor of Rio, Eduardo Paes (PSD), were engaged to convince parliamentarians to confirm Alexandre de Moraes’ decision.
In private conversations, the STF ministers claimed that the case is serious and that, if he is released, Brazão could hinder the progress of the investigations. Paes, in turn, discussed the issue with parliamentarians from the PSD’s Rio de Janeiro bench.
Good Relationship Between Powers
At the Federal Supreme Court (STF), the result in favor of maintaining Chiquinho Brazão’s arrest by the plenary of the Chamber of Deputies was expected by the ministers — even though the score was tight.
The perception among Supreme Court ministers was also that the decision to maintain the prison helped maintain a good relationship between the Powers, which is currently shaken by a crisis based on many factors but mainly on the debate regarding the attribution of responsibilities. Congressmen have repeatedly argued that the STF has trespassed its jurisdiction.
Investigated Deputies
Deputies investigated by the Federal Supreme Court (STF) – mainly by Minister Alexandre de Morais – voted in favor of the release of deputy Chiquinho Brazão (no party-RJ). Among them are Alexandre Ramagem (PL-RJ), André Fernandes (PL-CE), Bia Kicis (PL-DF), Carla Zambelli (PL-DF), Carlos Jordy (PL-RJ), Eduardo Bolsonaro (PL-SP), General Girão (PL-RN) and Zé Trovão (PL-SC), all from Jair Bolsonaro’s party.
These deputies are under investigation in several inquiries conducted by Alexandre de Moraes, such as those related to fake news, digital militias, anti-democratic acts, 8 January demonstrations, and an alleged “parallel Abin” to monitor journalists and political opponents in the Bolsonaro administration.
Bolsonaro, also the target of Moraes’ inquiries, mobilized for Brazão’s release, sending parliamentarians a video of his son, Eduardo Bolsonaro, defending the freedom of the deputy.
Analysis:
The Chamber’s decision to endorse the arrest of federal deputy Chiquinho Brazão (no party-RJ) generated intense debates about different legal interpretations. According to the Constitution, parliamentarians in office can only be arrested in the act and for non-bailable crimes. Experts present contrasting views on the subject. While some argue that, since Brazão was identified as the mastermind of intentional homicide, there is a basis for classifying the case as non-bailable, since all intentional crimes against life fall into this category. On the other hand, others point out that the crime that supports the arrest is in fact obstruction of justice, which is a bailable crime, thus, strengthening the position of Chiquinho’s defense.
There is also a considerable wing of the Parliament that seeks to retaliate against Minister Alexandre de Moraes and the STF. Added to this is the fact that Brazão’s clan has not only exerted influence on local politics for decades but also has branches in various sectors of the state and city hall. Chiquinho Brazão was secretary of Community Action in Paes until last February. Furthermore, the Brazão brothers’ electorate has always been concentrated in areas dominated by militias, with which, according to the Federal Police, they maintain intrinsic relations.
Although the tension between Congress and the Supreme Court may have influenced yesterday’s result when it comes to Rio de Janeiro politics, there is a complex interaction of interests and influences at play.
