Politicians come together to escape the jurisdiction of the STF

This understanding changed due to discomfort with recent actions by the Supreme Court, especially by Minister Alexandre de Moraes. Parliamentarians cite operations authorized by him in Chamber offices, such as the case involving deputy Alexandre Ramagem (PL-RJ), but complaints increased after the arrest of Chiquinho Brazão (no party-RJ), suspected of involvement in the murder of the councilor Marielle Franco (PSOL-RJ).

Experts interviewed by UOL say that parliamentarians act in their own defense in this attempt to restrict the forum. In addition to the fear of possible developments in inquiries investigating acts against democracy, if the rule comes to an end, they could appeal to three levels of justice (Courts of Justice, Superior Court of Justice and STF) in case of conviction. Criminal lawyer Michel Saliba also highlights that, until the implementation of the electronic process, parliamentarians also benefited from the slowness of trials.

Parliamentarians realized that having the forum as a prerogative of their role in the STF makes them less citizens than others. If prosecuted, an ordinary citizen will be judged in the first and second instances and has the right to appeal to the STJ and the Federal Supreme Court. The parliamentarian will be judged by the STF in a single instance. Having jurisdiction as a function prerogative is renouncing citizenship, in my opinion.
Michel Saliba, lawyer

Supreme already has majority to expand forum

Six ministers voted to maintain cases against authorities in the Court, in cases of crimes committed in and because of their position, even after their mandates have ended. The trial was suspended because Minister André Mendonça asked for more time to analyze the case. Under the current rule, established by the Supreme Court in 2018, when a politician’s term ends, the actions are sent to the first instance — the same courts that judge ordinary citizens.

Congress is going in the opposite direction and has several projects under discussion to change the rules. In general, the proposals are led by names from the centrão and the Bolsonarist opposition — one of the toughest is authored by Ramagem and deputy Bia Kicis (PL-DF) and limits the conclusion of open inquiries to investigate politicians to 90 days. “The STF is going against the grain when trying to expand. It’s a step backwards. Congress has to take a position on the issue,” Kicis told CNN Brasil.