Senate revises the Supreme Court decision and returns the mandate Aécio NevesTucano was away from home since September by a decision of the First Chamber of the Supreme, based on the investigations against him from the accusation of JBS.
The full Senate decided to reverse the decision of the First Chamber of the Supreme Court (STF) e, thereby, ended the parliamentary clearance of Aécio Neves Senator (PSDB-MG), which had been imposed by the Court justices on the last day 26.
With the votes of 44 Senators against the maintenance of protective measures and 26 favorable, lawmakers prevented the removal of Aécio, his nightly house arrest and reversed the obligation to deliver the passport. No abstentions were recorded.
The vote takes place after most of the STF ministers decide, last week, the court can not depart parliamentarians through precautionary measures without the approval of the National Congress. In late September, the First Panel of the Court had decided, by 3 votes to 2, Aécio away the mandate of the exercise when analyzing the request of the Attorney General (PGR) the inquiry in which the toucan was terminated by passive corruption and obstruction of justice, awarded based on deletions of the J executive&F.
Before opening the panel to vote, Senate President, Eunício Oliveira (PMDB-CE), He gave the floor to five senators in favor and five against the decision of the Supreme. To Jader Barbalho (PMDB-PA), Ministers of the Supreme Court made a decision “wrong”. “I do not come to this platform to say that my vote will be for mere solidarity Senator Aécio. With all due respect to him, I am far from accepting his attorney or his cause. I am announcing this podium vote because of involving Senator. Vote in favor of the Constitution. Supreme minister is not legislator, It is not constituent power. Who writes the Constitution is who is popular mandate”, he argued.
Already Senator Álvaro Dias (Can PR) He criticized what he called the "deadlock" emerged from the privileged forum Institute. "The decision of the Supreme Court, confirmed by Senate, It comes against the aspiration of the Brazilian, which is to eliminate the privileges. We are feeding them. We do not vote against Senator, We vote on respect for the independence of the Powers, with respect to who is responsible for the last word in the application and interpretation of the Constitution, which is the Supreme Court ", said.
Before the vote, Senator Cássio Cunha Lima (PSDB-PB), Aécio visited on Tuesday (17), also defended the mining parliamentary. “The vote today is far beyond the case of Senator Aécio, his situation will follow the Supreme Court, whatever the result. Some people imagine that he was tried today in final. It will continue its jurisdiction in the Supreme Court. There is no need to talk about impunity. It is disrespectful to the Supreme Court. The ministers of the Supreme Court will, from the process of the records, if it become a process, because we are in the investigation stage, acquit or convict him, according to the evidence you have in the records of this process”, said.
Early, PT had announced the vote against Aécio. Before, It had positioned arguing that the legislature has the power to review precautionary measures imposed by the Supreme.