Former president of the Chamber came to run for deputy in the October elections
The president of the Federal Supreme Court (STF), Minister Luiz Fux, annulled on Thursday (18.Aug.2022) a decision that suspended the ineligibility of the former deputy Eduardo Cunha (PTB). The former president of the Chamber even ran for the post of deputy in the October elections.
Fox’s decisionintact – 193 KB) considered a request from the PGR (Attorney General’s Office).
The decision that benefited Cunha was taken in July this year by judge Carlos Augusto Pires Brandão, of the TRF-1 (Federal Regional Court of the 1st Region). He suspended the effects of part of a resolution of the Chamber that determined the ineligibility of the former deputy.
The measure complied with a request from Cunha’s defense, which pointed out irregularities in the process of removing his mandate.
In Fux’s interpretation, by making Cunha eligible again, the Justice interfered in the functioning of the Legislative. “The contested decision unduly impedes the regular exercise of the exclusive constitutional competence of the Legislative Power”, wrote the minister.
“Indeed, the plaintiff’s allegations at the origin, related to the violation of the constitutional principles of ample defense, the adversary system and the due process of law, are presented reflexively and logically dependent on the failure to observe the internal rules of the Parliamentary House, in a way that proves to be unreasonable. the interference of the Judiciary, especially in the case of provisional protection”, he added.
The decision of the President of the STF will remain in force until the original action becomes final.
LOSS OF MANDATE
Wedge lost the mandate in September 2016 for breach of parliamentary decorum. He would have omitted having a bank account abroad at Petrobras’ CPI (parliamentary commission of inquiry).
The former deputy argued that the acts of the Chamber’s representation that resulted in his impeachment violated due process of law for abuse of power. He said they were conducted unilaterally by the rapporteur, Senator Marcos Rogério (PL-RO) –at the time, the politician was a deputy–, without going through the Ethics Council.
He was preventively detained from 2017 to 2020, in the metropolitan region of Curitiba. Then under house arrest. On May 6, 2021, the Justice revoked the last arrest warrant against him.
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