Deputy from Joinville presents opinion in favor of the preventive arrest of the alleged person responsible for the murder

CCJ requests review and should only review the case again in the second week of April

After a collective request for a view this Tuesday, the 26th, the Constitution, Justice and Citizenship Committee (CCJ) of the Chamber of Deputies postponed the analysis of the maintenance of the preventive detention of deputy Chiquinho Brazão (RJ) in the case of the murder of councilor Marielle Franco and driver Anderson Gomes, on March 14, 2018. The request was made after the opinion of Darci de Matos (PSD), case rapporteur and deputy from Joinville.

Darci defended the maintenance of Chiquinho Brazão’s prison. He agreed with the STF’s thesis that the deputy’s preventive detention was ordered for acts of obstruction of justice. According to the Supreme Court, attempts to impede the progress of investigations “continued to be carried out over time”.

“The police authority and the Supreme Court state that, ‘to this day, it is possible to assess the movement of Domingos, Chiquinho and Rivaldo in order to create obstacles to the regular processing of the elucidation of the facts surrounding the murder of Marielle and Anderson, so to signal, in a crystal clear way, the perpetuity of their conduct’”, says the rapporteur’s opinion.

Among the acts that would constitute obstruction of justice, according to Darci, are the compromise of police operations that investigated the case, including closed circuit images, which could help clarify the facts.

Chiquinho Brazão

The deputy, who was expelled from União Brasil, has been in prison since last Sunday, the 24th, as well as his brother Domingos Brazão and the former head of the Civil Police of Rio de Janeiro Rivaldo Barbosa, by decision of Minister Alexandre de Moraes, of the Supreme Court. Federal Court (STF). The arrest was confirmed on Monday, 25th, by the first panel of the court.

Chiquinho Brazão is accused of being one of those behind the murder of councilor Marielle Franco and her driver, Anderson Gomes, on March 14, 2018, in the center of Rio de Janeiro. At the time, Chiquinho Brazão was a councilor in the capital of Rio de Janeiro.

Non-bailable character

In the report, Darci considered that the non-bailable nature of the conduct, that is, not allowing the payment of bail in exchange for the defendant’s freedom, should be analyzed in more depth.

“There is the possibility of understanding as non-bailable only those crimes defined in the Constitution, such as racism, torture, trafficking, terrorism, actions by armed groups, those against the constitutional order and the Democratic State and the heinous and similar crimes”, observed the deputy .

“I make these considerations with the main objective of preserving the constitutional prerogatives of federal parliamentarians”, he added.

Analysis only in April

In practice, the final decision on the case should take place after April 9, since next week, due to the party window – a period that allows parliamentarians to change parties –, no sessions are scheduled in the Chamber Plenary. After voting on the opinion by the CCJ, Brazão’s arrest will be analyzed by the Plenary of the Chamber, which, by an absolute majority (257 votes), will give the final word in an open and nominal vote.

Inaccessible documents Representative Gilson Marques (Novo-SC) was the first to request a view of the letter (CMC 1/24) sent by the Supreme Court to the Chamber, in which Moraes communicates the arrest of the parliamentarian in flagrante delicto for the crime of obstruction of justice in an organization criminal.

“The Federal Police’s final report has 479 pages, Alexandre de Moraes’ decision has 41 pages. And these two very important documents are not in the system for consultation by the deputies of this commission”, argued Marques. Representative Roberto Duarte (Republicanos-AC) also asked to see the letter.

“This is a heinous crime, which we repudiate. Now, I don’t understand why, at this first moment, there is such a rush to want to justify an immediate vote without carrying out an analysis of preventive detention,” he said.

Remote defense

Via videoconference, Chiquinho Brazão said that the debates he held with the councilor at the Rio de Janeiro City Council cannot be used as a reason to link him to Marielle’s murder. “I was there fighting to approve the bill that regulated irregular condominiums over a period of one year,” he said.

Historic performance Representative Talíria Petrone (Psol-RJ) countered Brazão’s arguments. “The arrest of the deputy accused of planning Marielle’s execution was corroborated by several elements, such as the Brazão family’s historical involvement with the militias in Rio de Janeiro, the connection with different criminal groups and the territorial control of different areas of the city”, he stated.

“It also includes participation in the obstruction of justice and this obstruction took place during his term as a federal deputy and not as a councilor”, added the deputy.

She also mentioned the alleged inclusion of false witnesses in the process and the burning of files. “There were at least five people killed who were essential for obtaining evidence, so that we would not spend six years waiting for a response from the Brazilian State in the face of a crime that the State itself committed”, criticized Talíria.

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