Barroso denies request wedge to move in the HouseThe parliament can not move through the Legislature to ask for votes and try to convince Members that is innocent in the impeachment process of its mandate.
In a decision on an action of the President of the House away, Eduardo Cunha (PMDB), Minister Luís Roberto Barroso, do Supremo Tribunal Federal (STF), He denied that the parliament can move through the Legislature to ask for votes and try to convince Members that is innocent in the impeachment process of its mandate.
“The rule is that the general accused be defended by an appointed lawyer”, Barroso points, although he considers normal Cunha do self-defense in the process.
“very different thing is you want to move freely through the facilities of the Legislature to address parliamentarians and, like this, achieve goals that the Plenum of the Supreme Court rightly sought to avoid”, He wrote Justice.
On Monday, 20, Cunha filed a habeas corpus charging a decision of the Minister Teori Zavascki, Rapporteur of Operation Lava Jet in Court, on an appeal as it seeks to return to attend the House.
According to the lawyers of the political, the delay in considering the request would have undermined the defense in the case Cunha.
The wedge defense argument is that, a political trial, how is the case, it is natural that the accused dialogue with colleagues to try to convince them that he is innocent and that this does not constitute parliamentary activity.
How can he not attend the House since it was away, states that has had the right to defense hamstrung.
The manifestation of Barroso was included in its decision to reject the president's appeal away from the camera. The minister pointed out that it is not for the Supreme Court habeas corpus against acts of the Court justices.
The Barroso considerations have no practical effect on the issue, whose decision is, initially, the Minister Teori.
After announcing that he would return to attend the House, Cunha was dissuaded by his lawyers. The attitude, according to them, It could be seen as an affront to the Supreme Court's decision to remove him from office.
In order for the arrest of Cunha sent to the Supreme, Attorney General of the Republic, Rodrigo Janot, already he said he understood that the PMDB has no right to attend the House as long as the decision of the Supreme Court.
The defense Cunha relativized the manifestation of Barroso and said, at least, it is clear that the PMDB could go to the House to defend in the next steps of the process of cassation.