Supreme Court Judge Suspends Brazil's Lower House Speaker Eduardo Cunha

05/05/2016 - 11h27

Teori Zavascki, the judge responsible for overseeing the Lava Jato investigations in the Supreme Court, has ruled that Eduardo Cunha (PMDB), Speaker of Brazil's Lower House of Congress, should be suspended from his duties.

Zavascki agreed to a request for Cunha's suspension made by the Prosecutor-General in December, who highlighted 11 instances in which Cunha had used his position to "embarrass and intimidate parliamentarians, defendants, collaborators, lawyers and public agents with the aim of obstructing and slowing investigations."

Rodrigo Janot, the Prosecutor-General, even went as far as to call Cunha a "delinquent". "He has used his position in his own, illicit interest, in order to prevent investigations against him progressing and clarifying his conduct as well as in order to continue his criminal behavior."

Janot said that Cunha overstepped "all acceptable limits" in a "democratic state governed by the rule of law."

The Supreme Court voted unanimously in March to put Cunha on trial for corruption and money laundering relating to the scheme of bribery and kickbacks at Petrobras. Specifically, Cunha is accused of receiving US$5 million in bribes from drill ship contracts.

Cunha is also the target of another accusation, three more inquiries in the Supreme Court and another three requests for inquiries that are awaiting authorization from Zavascki. The investigations relate to the bribery scheme at Petrobras and Cunha's use of his position for alleged criminal acts.

"Given the aforementioned, I grant the measure requested, determining the suspension of Eduardo Cosentino da Cunha from the exercise of his mandate as federal congressman, and, as a consequence, from the position of Speaker of the Lower House of Congress," read a passage of Zavascki's decision.

Cunha will be substituted by congressman Waldir Maranhão (PP - Maranhão), who is also under investigation in Lava Jato operation.

"SPURIOUS ACTIONS"

The Prosecutor-General alleges that Cunha "has long taken positions absolutely incompatible with due legal process, using the prerogative of the speaker of the Lower House of Congress with the sole purpose of self-protection, through spurious actions in order to avoid investigation of his conduct, both in the penal sphere and the political sphere."

The document also refers to Cunha's moves to prevent the opening of proceedings to remove him in the parliamentary Ethics Council, even citing the interview Folha published with Fausto Pinato, the former leader of this process, who claims he was offered bribes.

Translated by TOM GATEHOUSE

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	Pedro Ladeira-4.mai.2016/Folhapress/Folhapress
	Supreme Court judge suspends Brazil's lower house speaker Eduardo Cunha