The Cassation Episode

Justice Alexandre de Moraes declared null the decision of the Chamber of Deputies that rejected the cassation of congresswoman Carla Zambelli and ordered the immediate loss of her mandate. The Chamber had voted against cassation, with 227 votes in favor, below the absolute majority of 257 required. Even so, Moraes annulled the deliberation and imposed his ruling, claiming that it is the Judiciary’s role to determine the loss of mandate in cases of final criminal conviction.

Why It Is Unconstitutional

The Constitution, in Article 55, establishes that the loss of a parliamentary mandate must be deliberated by the Chamber of Deputies or the Federal Senate, depending on the case. By annulling the Chamber’s decision, Moraes not only disrespected the separation of powers but also usurped the exclusive competence of the Legislature. This sets a dangerous precedent: if the Judiciary can impose cassation of parliamentarians against the will of the plenary, the popular vote loses its force.

The Previous Context: Amnesty and STF Shielding

This episode adds to other recent moves by the STF. When Congress discussed a broad amnesty for the defendants of January 8, the Court signaled it would declare the measure unconstitutional, pressuring for the creation of a dosimetry framework. Once again, the Judiciary acted as a negative legislator, directly interfering in the political agenda. The objective, as has become evident, is to neutralize Jair Bolsonaro and keep defendants imprisoned as part of a narrative of threat to democracy.

The Omission of Congress

Meanwhile, deputies and senators remain unwilling to confront the problem. The Senate accumulates dozens of impeachment requests against STF justices, all shelved. Lawmakers prefer easy speeches and unrealistic promises rather than facing the hypertrophy of the Judiciary. The cassation of Zambelli, imposed by Moraes, should have been the trigger for an institutional reaction, but omission continues.

Critical Conclusion

By cassating Carla Zambelli against the decision of the Chamber, Alexandre de Moraes exposed the fragility of Brazilian democracy. The STF not only judges but now decides who can or cannot exercise a parliamentary mandate, in clear violation of the Constitution. Combined with the blocking of amnesty and shielding against impeachment, the episode shows a Judiciary that places itself above the other powers. The crisis does not stem from a lack of instruments, but from the lack of political courage in Congress to defend democracy.

CTA: Want to understand how STF decisions directly impact popular representation and the separation of powers? Explore other articles by Pedro Freitas and keep your critical eye on the Brazilian Judiciary.

Sources:

• Jovem Pan – Moraes annuls Chamber decision and decrees immediate loss of Zambelli’s mandate
• BBC News Brasil – Gilmar Mendes backtracks and allows any citizen to propose impeachment
• Brazilian Senate – Official News