Deputy arrested integrates commission prepares new Code of Criminal ProcedurePreso desde fevereiro, João Rodrigues não pode trabalhar na Câmara. Comissão especial analisa texto que propõe mudanças em ações penais e em investigações criminais.
O deputado João Rodrigues (PSD-SC), arrested since February as determined by the Supreme Court, It is one of the members of the special committee that analyzes the proposed new Code of Criminal Procedure (CPP).
If approved, the new CPP will replace the current, from 1941. The code brings rules for criminal investigations and actions that could result in convictions in court.
Asked about the fact, the leader of the PSD, Mr Domingos Neto (THIS), He informed by counsel that the deputy was reappointed to committees that have participated before - common procedure in the House.
He further stated that Rodrigues process does not become final - ie, They not exhausted the possibilities of resources in court. Is that, until the appointment to the commission, the deputy was still active in the House.
It is up to the leadership of the party state and remove the signs of their representatives in the Chamber of commissions, anytime. The leader did not say whether or not the deputy will be removed from the collegiate.
A indicação do deputado (PSD-SC) for the special commission was made in April 2015. The congressman was sentenced on appeal in 2009 for fraud and bidding dismissal when he was mayor of Pinhalzinho, in Santa Catarina.
In February this year, he was arrested, determination by the Supreme Court, who denied resource parliamentary and ordered the provisional execution of the sentence, from 5 years and 3 months in prison.
The office of the deputy argued that, even arrested, é parlamentar e não teve o mandato cassado. Is that, before prison, he acted on the committee's work.
Request denied to work
Last week, Judge Leila Cury, of Criminal Executions Court of the Federal District, Deputy denied the defense's request that it can work in the House.
in the decision, the judge considered that Rodrigues does not meet the requirements for the benefit.
"In the present case, I understand that the convict does not meet the subjective requirements for granting the claimed benefit, because the proposed work presented does not meet the necessary legal conditions for his return to regular social life, especially because of the nature he held before his arrest, which is, Congressman, whose legal prerogatives – that can not be mitigated or curtailed by this court of criminal enforcement – They guarantee you independence and autonomy in performing their constitutional duties ", said the magistrate.
Also in decision, the magistrate believes that the deputy's work in the House would not be able to be supervised by correctional officers, since they do not have free access to parliamentary, or immediate access to the premises of the house without first going through the security control of the House.
"The Legislature opening hours not assume parliamentarians to be present there at the dates and times established, and biometric records of mere attendance instruments for measuring quorum for the installation sessions and meetings. Unable to complete, still, the CCTV and broadcast sessions and legislative meetings by the TV camera and the Radio Hall would be enough to prove the supervision of the daily conduct ", said the judge.
A assessoria do deputado informou que a defesa de vai recorrer a decisão da juíza no prazo legal. It also intends to file an appeal with the Supreme Court.