House Cassa Eduardo Cunha mandate 450 votes in favor and ten againstThe measure puts an end to one of the longest processes to transact on the Ethics Committee of the House of Representatives, which trailed by 11 months.
The floor of the House of Representatives approved on Monday (12) by 450 in favor, 10 against and 9 Abstentions the deputy mandate of Cassation away Eduardo Cunha. The measure puts an end to one of the longest processes to transact on the Ethics Committee of the House of Representatives, which trailed by 11 months and interrupts the term of one of the most controversial politicians in recent years. As a result, Cunha loses the parliamentary mandate and is ineligible for eight years, plus the time remaining of the current legislature.
The session ended with the wedge mandate of Cassation started around 19h, but it was suspended a few minutes later by the president of Casa Rodrigo Maia (DEM-RJ), I expected higher quorum and resumed shortly after 20h. The resumption spoke the rapporteur of the case to the Board of Ethics, Marcos Rogerio (DEM RO), Cunha lawyer, Marcelo Nobre, and própro deputy away.
Roger countered arguments of defense and Wedge allies, according to which the fact that he lied about the existence of accounts abroad in testimony to the Parliamentary Commission of Inquiry (CPI) Petrobras is a less serious crime. The rapporteur Cunha accused for failing to ethics and parliamentary decorum when using maneuvers to delay the process. The rapporteur said Eduardo Cunha omitted, over years, the House of Representatives and in the successive statements of income, the property of millions of dollars in overseas accounts.
Cunha's defense lawyer said the parliamentarian is being subjected to a lynching and the opinion of the Ethics Committee requesting the revocation of the mandate of the PMDB did not get the material evidence of the existence of accounts abroad. Already Eduardo Cunha said the case against him, which may result in revocation of its mandate, It is political in nature and has no evidence. By making his own defense on the House, Cunha attacked the PT government, He said he is being persecuted and that the process is a "revenge". “I'm paying the price of having my mandate revoked for giving continuity to the process of impeachment. It's the price I'm paying for Brazil to be free of the PT”, said Deputy Eduardo Cunha (PMDB-RJ).
Wedge allies tried to end a final maneuver. Mr Marin Carlso (PDB-RS) He presented a point of order that was voted a draft resolution in place of the opinion of the Board of Ethics, which could result in lower sentence, as the term of suspension. The initiative was rejected by Maia. According to the mayor, MEPs would vote, as they did, the opinion of the Board of Ethics, because the draft resolution "is not plenary deliberation object, therefore can not be amended, Featured make matters contained in the file ", said.
Marun tried to appeal the decision and ask for the suspension of the meeting, but the request has not received support from the plenary. Before the result Maia followed up the session with the speeches of attached Members. After four parliamentary manifest, two for and two against, MEPs approved a request by the closure of the discussion. Throughout the voting process, Cunha remained in front of the table, talking to deputies.
Late on Monday, MEPs adopted the opinion of the Ethics Committee who asked Cunha mandate of impeachment because he lied during testimony to the Parliamentary Commission of Inquiry (CPI) Petrobras about having secret accounts in Switzerland that have received money from the tuition fee payment scheme involving Petrobras and investigated in the operation Lava Jato.
Throughout the process, Cunha denied being the owner of four accounts abroad appointed by the Attorney General's Office as him and his family. Wedge said he has only trusts, type of business where third parties begin to manage contractor's goods, and that the values are derived from business operations and the financial market, as the sale of canned meat to African countries.
According to the report approved in the Board of Ethics, authored by Mr Marcos Rogerio (DEM RO), trusts have been used by the President of the House away to hide assets held abroad and receiving bribes of Petrobras contracts. The deputy says the opinion that Cunha constituted trusts abroad to enable “crimes”.
Elected to the presidency of the Chamber of Deputies in February 2015 by 267 votes, defeating in the first round the government candidate Dilma, Arlindo Chinaglia (PT-SP) who got 136 votes, Cunha had its history marked by the appearance that acted as a lobbyist in the corruption scheme involving Petrobras and also hard struggle that promoted against the government of former President Dilma Rousseff.
With a campaign mounted on the dissatisfaction of the government's allied base, Cunha, after his election, It began a process of detachment and confrontation with the government. The growing tension resulted, in July, that year the announcement of his break with the government Dilma Rousseff. At the time Cunha said that would integrate the ranks of the opposition. He also began working for the PMDB to take the same stance.
Operation Lava Jato
Disruption announcement came amid escalating complaints that led the Attorney General of the Republic, Rodrigo Janot, to include the name of Cunha in a list with the name of political suspects to integrate the corruption scheme and payment of bribes involving Petrobras and investigated in Operation Lava Jato.
Among the complaints was made by the company's former consultant Toyo Setal Julio Camargo who reported the Paraná Federal Justice Cunha asked him a bribe of US $ 5 millions. Cunha accused the Planalto Palace have articulated to incriminate him.
Based upon the PGR
Because of the new allegations, PSOL and the network they file, no dia 13 October 2015, a representation against Cunha on the Board of Ethics. Besides the two parties, the document was endorsed by parliamentarians of the PT, PSOL, PSB, PPS, PROS e do PMDB.
The petition was based on a document sent to the PSOL by the Attorney General's Office (PGR), after a formal request from the party. The papers have pointed the ownership of Cunha in secret bank accounts in Switzerland. The parties called for the revocation of mandate saying Cunha lied in testimony to the CPI Petrobras, in March, when he denied that he had accounts abroad. In the statement sent to the Electoral Justice 2014, Cunha also not reported to have accounts abroad, only one in Banco Itaú.
After a series of maneuvers that delayed the work of the college, in 15 from December, the Ethics Board, by a vote of eleven members to nine, authorized the continuation of investigations. The decision came hours after the Federal Police have made Operation orations, whose target was the wedge itself.
Later, another maneuver Cunha led to the removal of the then rapporteur, Fausto Pinato (PP-SP), in April 2016. Pinato relinquished the titular member vacancy on the Board of Ethics alleging that the reason was because the place belonged to the PRB, party Pinato left to migrate to PP. Mrs Tia Eron (PRB-BA) foi Alçada or place of integral door colegiado no lugar de Pinato.
Com Saida de Pinato, Mr Marcos Rogerio (DEM RO) He took the Rapporteur of the case against Cunha almost back to square one, having been completed only in 14 June 2015 when the joint committee adopted the opinion by the mandate of the cancellation of PMDB.
In 3 December 2015, hours after PT withdraw support to Eduardo Cunha on the Board of Ethics, Cunha accepted one of the impeachment lodged against Dilma. The gesture was appointed by PT as a clear retaliation for support of the loss on the Board of Ethics.
In April, Cunha presided over the controversy of the House plenary session, made on a Sunday (17), It decided that the authorization to be continued in the Senate Dilma's impeachment. Lasting 9 hours and 47 minutes, the session ended with the score 367 the votes and 137 contrary to the continuity of the process.
in May, Cunha was removed from office and, consequently, the presidency of the House by the Supreme Court (STF). In a unanimous decision, ministers followed the vote of Justice Teori Zavaski, Rapporteur of Operation Lava Jato, who welcomed the request of the PGR, December 2015, asking the wedge removal.
“In addition to representing risk for criminal investigations based on this Supreme Court, [Cunha stay] is a pejorative that conspires against the dignity of the institution that he led”, he wrote Teori. The minister also said that Mr “has minimal personal conditions” to be mayor because “does not qualify” to eventually replace the president.
With the mandate of Cassation and the end of the privileged forum, the two cases against Cunha that move the Supreme Court shall be transferred to the Federal Court in Parana and will be the responsibility of the judge Sergio Moro, responsible for Lava jet in the first instance.
The first complaint, made by the Attorney General in August last year, Cunha is accused of committing the crimes of bribery and money laundering. The accusation is that the former congressman had received US $ 5 million bribes on two contracts for Petrobras-drillships.
The second complaint concerns the alleged bribe-taking in secret accounts in Switzerland. According to Cunha investigations would have received 1,3 million Swiss francs of kickbacks, or the equivalent, at the time, a R$ 2,4 million to act in the acquisition, Petrobras, an oil field off the coast of Benin, in Africa, in 2011, US $ 34 millions (about R $ 58 millions, at the time). For this complaint he is guilty of the crimes of accepting bribes, money laundry, tax evasion and forgery for electoral purposes.
About to complete 58 years, Cunha was over almost two years one of the leading politicians of the country, may disappear from Brasilia political scene of meteoric form. This is because the Clean Record Law provides that, in case of loss of office, the political becomes ineligible for eight years, beyond the time remaining to the end of term.