This Monday, the President of the Assembly of the Republic asked the Transparency Commission to open an investigation into Chega deputy Filipe Melo, accused by socialist Eva Cruzeiro of having shouted racist and xenophobic words at him.
In the same order on this case, to which the Lusa agency had access, José Pedro Aguiar-Branco also highlighted that it is up to the judicial authorities “assess and determine whether the conduct in question meets the constituent elements of any of the legal types of crime provided for in the Penal Code, and it is up to them, accordingly, to decide on the possible initiation of the corresponding criminal proceedings“.
On Friday, socialist deputy Eva Cruzeiro formally requested the president of the Assembly of the Republic to open an investigation into Filipe Melo, following an incident that occurred on October 29, during a hearing with the minister of the Presidency, António Leitão Amaro, when the issue of immigration was being debated.
“He shouted at me, go to your homeland”, says the PS deputy in the letter she sent to José Pedro Aguiar-Branco.
In response to Eva Cruzeiro’s complaint, the president of the Assembly of the Republic, in his order, requested the Parliamentary Transparency and Statute of Deputies Committee to “investigate the facts reported and related to possible serious irregularities committed in violation of the duties of deputiesby Mr Filipe Melo, eventually issuing recommendations adapted to the current situation”.
He also requested the secretary general of the Assembly of the Republic to “take care to obtain the images collected by Canal Parliament during the said session and to send them to the Parliamentary Commission for Transparency and Statute of Deputies”.
However, in this case, José Pedro Aguiar-Branco also made a reference to the powers of the judicial authorities in cases of possible criminal conduct.
At this point, the President of the Assembly of the Republic pointed out that Eva Cruzeiro claimed that the Chega deputy’s conduct could constitute criminal liability, for discrimination and incitement to hatred or violence based on race, color, ethnic or national origin, with a penalty of up to eight years in prison.
José Pedro Aguiar-Branco then recalled that “the assessment and criminal-legal qualification of the facts go beyond the powers of the President of the Assembly of the Republic, who cannot, at any time, replace the courts or judicial authorities in determining possible criminal liability”.
“It will therefore be the exclusive responsibility of the competent judicial authorities to assess and determine whether the conduct in question meets the constituent elements of any of the legal types of crime provided for in the Penal Code.and it is up to them, accordingly, to decide on the possible initiation of corresponding criminal proceedings”, he concluded.
In this case, the Public Prosecutor’s Office may act either on its own initiative or at the request of the Parliamentary Transparency Commission, if it is understood that there is material for the initiation of criminal proceedings.
In his order, José Pedro Aguiar-Branco also noted that, although Filipe Melo was not, at the material time, exercising his functions as a member of the Board of the Assembly of the Republic, “it is still important to emphasize that the Board members are subject to increased duties of impartiality, impartiality and rigor, and must base their conduct on high standards of public exemplarity“.
“Now, if the reported facts are confirmed, they are entirely reprehensible and deserve the firmest political and institutional censure. Any behavior that could be interpreted as an act of intimidation, silencing or discrimination is absolutely incompatible with the prestige and responsibility inherent to the parliamentary mandate, affecting not only the civility and decorum that should guide political debate, but also the credibility of the Assembly of the Republic as a guarantor of democratic pluralism and equality among all citizens”, he added.
Filipe Melo has another complaint against him with the Transparency Commission, this one from socialist deputy Isabel Moreira and which has also received a favorable order from the president of the Assembly of the Republic.
In this case, Filipe Melo is accused of having directed “gestures considered disrespectful to Isabel Moreira, namely, sending kisses, and making signs to silence her, in an alleged attempt to silence her”.