The former Supreme Federal Court Minister Celso de Mello stated that he does not see any room for former President Jair Bolsonaro (PL) to benefit from the resolution approved by the Chamber to suspend the action against Deputy Alexandre Ramagem (PL-RJ). "The resolution shows itself to be absolutely ineffective and therefore inapplicable in relation to the co-accused," he told Estadão. "It has no legal efficacy, meaning that the criminal process instituted against all of them will continue to proceed normally before the Supreme Federal Court." The deputies based themselves on a constitutional rule that authorizes the Chamber of Deputies and the Senate to suspend the progress of criminal processes against parliamentarians, provided that the decision has the support of a majority of the plenary of the Legislative House. Since Ramagem is one of the defendants, the Chamber approved the suspension, in an attempt to also benefit the other defendants in the process, including the former President of the Republic. However, according to the former Minister, this constitutional provision only protects the parliamentarian in the exercise of their mandate and cannot be extended to third parties in the same criminal process. "It is, in reality, the same constitutional-legal reason that prevents a non-parliamentary co-accused from seeking the extension of the parliamentary immunity enjoyed by their litigant, a member of the Legislative Power," he declared. The rule only applies to crimes committed after the diploma. It is based on this provision that the Supreme Court must order the criminal process to continue, in the evaluation of the former Minister. Two crimes attributed to Ramagem are committed after his diploma (qualified damage and deterioration of a listed heritage). He also responds to organized armed criminal organization, coup d'état, and violent abolition of the state of law. Celso de Mello stated that the resolution only applies to the deputy and, even then, only reaches the crimes allegedly committed by him after his diploma. "It is worth noting that the suspension of the process will suspend the penal prescription related to these crimes while the mandate lasts."
https://jornaldebrasilia.com.br/noticias/politica-e-poder/resolucao-e-ineficaz-para-bolsonaro-diz-celso-de-mello/