Barroso determined the removal of the senator on Thursday (15), the day after the parliamentarian was caught with money hidden in his underwear during a search and apprehension by the Federal Police.
The trial date should be set by the President of the STF, Luiz Fux. According to Barroso, although this type of decision does not require confirmation from the plenary, the question will be submitted to the collegiate body.
Minister Luís Roberto Barroso removes Senator Chico Rodrigues (DEM) from office for 90 days
The removal of Chico Rodrigues from the term of senator is already in force and is valid for 90 days. Now, the Senate has yet to decide whether to maintain Barroso’s determination or not.
Senate President Davi Alcolumbre (DEM-AP), from the same party as Rodrigues, said he will wait to hear the full document of Barroso’s determination before taking any action.
Senators Alessandro Vieira (Rede-RS) and Randolfe Rodrigues (Rede-AP) asked Minister Barroso to determine the rite of analysis of the removal of Senator Chico Rodrigues (DEM-RR) to be carried out by the Senate.
According to parliamentarians, the measure is necessary so that “there is no doubt”.
Senators asked the minister to determine that the case should be resolved by roll call and open vote.
In addition, they want to make it clear that the removal order will only be overturned if there are votes from at least 41 senators in favor of this. The intention is to prevent absent parliamentarians from benefiting the senator.
“The decision-making burden must fall on those parliamentarians who seek reform of the judicial decision, and not on those who are deferential to the Court’s decision. If 41 votes or more were necessary for the maintenance of the judicial decision, we would arrive at the absurd situation that the a simple lack of parliamentarians to vote in the Senate could imply the reform of the Court’s decision. In a simple sentence: a lack implies, in a different voting logic than the one we intend to conceive, a vote in favor of the parliamentarian who suffered the cautionary measure ” , state parliamentarians.
They also asked for it to be established that, after the Senate decision, the precautionary measure can only be reviewed by another judicial decision.
“Once finalized, the injunction on removal of the Senator from the exercise of his functions can only be revised by a new judicial decision, without repetitions in the Legislative House of the same decision being feasible, if the object is identical. That is, there cannot be voting repetitions until the result pleases, by luck or eventuality, one or another public agent. The logic of indefinite unrepeatability is, moreover, the constitutional tonic of the functioning of the Legislative Power “.
The action of the PGR and the Federal Police in Roraima sought to dismantle a millionaire scheme of embezzlement of public resources that should have gone to fight the new coronavirus. The alleged deviation would be more than R $ 20 million in parliamentary amendments.
The Federal Police told the STF that they have evidence that Chico Rodrigues committed a crime of money laundering and embarrassing the investigation of a criminal organization. And that, “if the investigated did not hold the mandate of senator of the Republic, there would be no doubt about his immediate arrest in the act”.
After disclosing the facts of the investigation, President Jair Bolsonaro removed the senator from the government’s deputy leadership in the House.
The DEM congressman posted a video on Thursday (15) stating that he left the vacancy as vice-leader of the government to “clarify the facts and bring out the truth”. He did not comment on Barroso’s decision.
“I believe in the truth. I am confident in the Justice and I say that soon everything will be clarified and I will prove that I have nothing to do with any illegal act of any kind. I will take care of my defense and prove my innocence,” he said.
Rodrigues ended the video saying that “God does not sleep”.
Watch videos about Senator Chico Rodrigues: