Marielle case: see the next steps in the complaint against those responsible for the murder of the councilor | Policy

The complaint filed by the Attorney General’s Office against those accused of ordering the death of former councilor Marielle Franco should be analyzed by the Federal Supreme Court (STF) and, if accepted, will make the brothers Domingos and Chiquinho Brazão and police chief Rivaldo Barbosa defendants.

A complaint is a formal accusation of crimes made by the Public Prosecutor’s Office in court. In other words, it is a request to open criminal proceedings which, if initiated, could lead to the conviction or acquittal of those involved.

The request undergoes an initial analysis, that is, the STF must decide whether the request to open criminal proceedings will be received.

According to the Court’s internal rules, before this analysis, the case’s rapporteur, Minister Alexandre de Moraes, must send notice and set a deadline for the defendants’ defenses to present their response within 15 days.

After the deadline, the rapporteur must release the case for collegiate analysis, which can be carried out in the First Panel (of which Minister Alexandre de Moraes is a member) or in the plenary.

If the Supreme Court receives the complaint, criminal proceedings are opened. If it is considered that the request does not meet the requirements set out in criminal law, the complaint will be rejected. This first decision can be appealed.

Once the criminal action is opened, the investigation will be carried out, with due diligence, evidence collection, witness statements and interrogations of the defendants.

The next stage is the presentation of final arguments by the defendants’ defense and the Attorney General’s Office.

Once this phase is complete, the case can be judged. The accused can be acquitted or convicted of the crimes. If there is a conviction, the court will establish the length of the sentence, analyzing the individual circumstances of each defendant. The trial decision can also be appealed within the Court itself.

Throughout this process, the PGR and the STF may “decline jurisdiction” in relation to any of the accused – that is, assess that they do not have a privileged forum in the Court and, therefore, should be prosecuted or judged by other bodies. of Justice.

The Constitution provides for the possibility for the Chamber of Deputies to suspend criminal proceedings against parliamentarians, if the complaint is received. The suspension decision must be taken by an absolute majority of the House, that is, by 257 votes.

But, according to the text, the measure is valid for crimes that occurred after graduation for the position. In 2018, when the crime occurred, Chiquinho Brazão was a councilor.

The PGR’s complaint was forwarded to the Federal Supreme Court this Tuesday (7).

In addition to the Brazão brothers and police chief Rivaldo Barbosa, two other people were accused: Robson Calixto da Fonseca, known as Peixe, who was an advisor to Domingos Brazão, and the military police officer Ronald Alves de Paula, Major Ronald, appointed as the former head of the Muzema militia, in the West Zone of Rio de Janeiro.

PSOL councilor Marielle Franco was shot dead in a car in March 2018, in Rio de Janeiro. In addition to the parliamentarian, the driver of the vehicle, Anderson Pedro Gomes, was also hit by gunfire and died. Another passenger, Marielle’s advisor, was injured.