Marco Aurélio says the Senate may reconsider Aécio's removal from office.
Justice Marco Aurélio Mello, rapporteur of the inquiry that resulted in the removal of Senator Aécio Neves (PSDB-MG) from his parliamentary activities, said this Wednesday (27) that he believes the Senate has room to reverse the decision taken yesterday by the First Panel of the Court; "One thing is the removal from an administrative position, as happened with the president of the Senate, Renan [Calheiros (PMDB-AL)]. Another thing is the removal from the exercise of a mandate granted by the people," said the Justice, who voted against the removal.
Felipe Pontes - Reporter for Agência Brasil
Minister Marco Aurélio Mello, rapporteur of the inquiry that resulted in the removal of Senator Aécio Neves (PSDB-MG) from his parliamentary activities, said today (27) that he believes the Senate has room to reverse the decision taken yesterday by the First Panel of the Court.
"I understand that. One thing is the removal from an administrative position, as happened with the president of the Senate, Renan [Calheiros (PMDB-AL)]. Another thing is the removal from the exercise of a mandate granted by the people," said Marco Aurélio before the plenary session this Wednesday.
The minister clarified that he was not inciting rebellion in the Senate, but said that in his own vote he made clear his interpretation that authorization from peers is necessary to impose precautionary measures against a senator. "If it [the Senate] can do more, which is to review even an arrest, what about the suspension of the exercise of the mandate?" he stated.
The minister believes that, initially, it is also up to the Senate to analyze whether or not to confirm the nighttime house arrest, a measure also imposed on the Senator in yesterday's ruling.
Marco Aurélio said he interpreted the nighttime curfew as effectively implying Aécio's detention, which would contradict the unanimous decision of the First Panel itself, which yesterday also ruled that the preventive detention of the senator in a closed regime was unconstitutional.
"What we had was the decree of preventive detention under an open regime. Let's use the Portuguese language," assessed the rapporteur. He believes that Aécio will be notified by the end of the week about the decision, so that he can file an appeal in the form of a motion for clarification.
One of those who voted for the removal and nighttime confinement, Minister Luiz Fux dismissed the possibility that the Senate could reverse decisions of the Supreme Federal Court (STF). "No, the STF has already decided similar issues of removal, it has even decided on the imprisonment of a parliamentarian. On both occasions, the Senate complied with the STF's decision, which is what is expected to happen," said the minister.
On Wednesday, the president of the Senate, Eunício Oliveira (PMDB-CE), said he will only comment on the Supreme Federal Court's (STF) decision to remove Senator Aécio Neves (PSDB-MG) from his mandate and order his nightly house arrest after the Senate has been notified.