Cármen Lúcia envia à Câmara denúncia da PGR contra Temer

A presidente do Supremo Tribunal Federal (STF), Cármen Lúcia, enviou nesta quinta-feira (29) ao presidente da Câmara dos Deputados, Rodrigo Maia (DEM-RJ), a denúncia da Procuradoria Geral da República contra o presidente Michel Temer pela acusação de corrupção passiva. O documento chegou à Câmara às 9h26, e foi entregue por um servidor do STF (veja no vídeo acima).

Caberá a Maia, agora, definir as datas de tramitação do caso na Câmara, a quem cabe, por votação, autorizar o STF abrir processo criminal contra presidente.

A primeira providência é notificar Temer a apresentar uma defesa prévia sobre a acusação. A última etapa é a votação em plenário, na qual são necessários 342 votos entre os 513 deputados para autorizar a abertura do processo (entenda abaixo toda a tramitação na Câmara).

O envio direto à Câmara teve apoio de Temer, que pretende dar celeridade à tramitação para decisão da Câmara ainda em julho. Outra hipótese, já descartada, fosse que o processo se arrastasse no STF por mais alguns dias até que fossem protocoladas a defesa na própria Corte, antes do envio à Câmara.

Entenda abaixo cada etapa de tramitação na Câmara:

Prazo para a defesa

A partir da notificação, a defesa de Temer terá até dez sessões do plenário da Câmara para enviar seus argumentos, se quiser. Para a contagem do prazo, é levada em consideração qualquer sessão de plenário, seja de votação ou de debate, desde que haja quórum mínimo para abertura (51 deputados presentes). Se houver mais de uma sessão no dia, apenas uma será validada. Não são computadas as sessões solenes e as comissões gerais.

CCJ analisa

Assim que a defesa de Temer entregar as alegações, o regimento dá a CCJ prazo de até cinco sessões do plenário para se manifestar sobre a denúncia. Nesse período, o relator a ser designado pelo presidente da CCJ deverá apresentar um parecer, concordando ou não com o prosseguimento da denúncia.

Os membros da CCJ poderão pedir vista do processo (mais tempo para análise) por duas sessões plenárias antes de discutir e votar o parecer, que será pelo deferimento ou indeferimento do pedido de autorização para instauração de processo.

Antes de ser votado no plenário, o parecer da CCJ terá de ser lido durante o expediente de uma sessão, publicado no “Diário da Câmara” e incluído na ordem do dia da sessão seguinte à do recebimento pela mesa diretora da Câmara.

O regimento não define quando o presidente da CCJ deverá escolher o relator, mas o deputado Rodrigo Pacheco (PMDB-MG) disse ao G1 que pretende fazê-lo o quanto antes. Ele poderá indicar qualquer um dos outros 65 membros titulares da comissão. Nos bastidores, nomes cotados são os dos deputados Alceu Moreira (PMDB-RS), Marcos Rogério (DEM-RO), Esperidião Amin (PP-SC) e Sergio Zveiter (PMDB-RJ).

Pacheco, porém, não revela quem tem em mente. Diz apenas o que levará em conta na sua escolha. “Vou considerar conhecimento jurídico sobre matéria penal, independência, bom senso e assiduidade na CCJ”, afirma.

Decisão pelo plenário

O parecer discutido na comissão será incluído na pauta de votação do plenário na sessão seguinte de seu recebimento pela Mesa Diretora, depois da apreciação pela CCJ. Após discussão, o relatório será submetido a votação nominal, pelo processo de chamada dos deputados.

O regimento define que a chamada dos nomes deve ser feita alternadamente, dos estados da região Norte para os da região Sul e vice-versa. Os nomes serão enunciados, em voz alta, por um dos secretários da Casa. Os deputados levantarão de suas cadeiras e responderão ‘sim’ ou ‘não’, no mesmo formato da votação do processo de impeachment da ex-presidente Dilma Rousseff.

Aprovação da denúncia

O parecer é aprovado se tiver o apoio de ao menos dois terços do total de 513 deputados, ou seja, 342 votos. Caso isso ocorra, será autorizada a instauração do processo no Poder Judiciário.

No passo seguinte, os 11 ministros do STF votam para decidir se o presidente Michel Temer vira réu. Nesse caso, ele é afastado do cargo por 180 dias.

O presidente só perde o cargo defintivamente se for condenado pelo Supremo. Quem assume o cargo é o presidente da Câmara, que convoca eleições indiretas em um mês. Segundo a Constituição, o novo presidente da República seria escolhido pelo voto de deputados e senadores.

Rejeição da denúncia

No caso de rejeição da denúncia pela Câmara, o efeito ainda é incerto, segundo a assessoria de imprensa do STF, e pode ser definido pelos ministros ao analisar esse caso específico.

Na avaliação de técnicos da Câmara, se a denúncia for rejeitada pelos deputados, o Supremo fica impedido de dar andamento à ação, que seria suspensa, mas não seria arquivada.

O processo, para esses técnicos que assessoram a presidência da Casa, poderia ser retomado somente após o fim do mandato do presidente.

Fonte:G1

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