"A court ruling is meant to be obeyed."

PE247 - Senator Jarbas Vasconcelos (PMDB-PE) presented this Monday (15) Constitutional Amendment Proposal (PEC) No. 18/2013, which aims to prevent those convicted in the Mensalão scandal from continuing to carry out their activities in party politics, such as, for example, federal deputies José Genoíno (6 years and 11 months) and João Paulo Cunha (9 years and 4 months). The PMDB member obtained the support of 28 of the 81 senators. According to the parliamentarian, the proposal is “to prevent the controversy from dragging on any longer, and considering that the decorum required of a parliamentarian cannot coexist with the proven lack of ethics and probity in dealing with public affairs”.

Furthermore, another purpose is to prevent a possible strain in the relationship between the Supreme Federal Court (STF) and the Chamber of Deputies, which is presided over by Henrique Eduardo Alves (RN). According to Jarbas, "the National Congress is on the verge of a likely conflict with the Supreme Federal Court," since the Chamber seeks to have the final say on the fate of those convicted in Criminal Action 470.

"The Chamber of Deputies will have no option but to obey the decision of that Court, declaring the loss of their mandates, since the exercise of a parliamentary mandate by someone convicted to a sentence of imprisonment is incompatible," he declared. "We know that if there is no wisdom on the part of the Speaker of the Chamber, Deputy Henrique Eduardo Alves, this outcome could cause an unnecessary conflict with the Supreme Federal Court," he added.

However, the senator expressed optimism regarding the Speaker of the House's stance: “I prefer to believe that the current Speaker of the House, Representative Henrique Eduardo Alves, will avoid disastrous consequences from ill-considered actions and will maintain his intention not to review the decisions of the Federal Supreme Court,” Jarbas observed. “Unlike his predecessor (the current Vice-President of the Republic, Michel Temer, of the PMDB party), who even considered sheltering the convicted members of the Mensalão scandal within the House's premises should their arrest be ordered during the last parliamentary recess,” he said.

Even though Alves prefers to abide by the Supreme Court's decision, whose ruling will be published soon, Jarbas said it will not be easy for the Speaker of the House to deal with the pressure from party leaders to overturn the conviction. “However, we cannot be at the mercy of decisions based on political opportunism and clientelism that condone wrongdoing, that turn a blind eye to those who 'dip their hand in the cookie jar,' just to favor allies,” he observed. The senator concluded his speech with the maxim, “A court ruling is to be obeyed!”