The president of the Assembly of the Republic, José Pedro Aguiar-Branco, has highlighted the role of judicial authorities in determining whether the actions in question constitute any criminal offense under the Penal Code, which could lead to the initiation of criminal proceedings.
On Friday, Socialist Member of Parliament Eva Cruzeiro formally requested an inquiry into MP Filipe Melo following an incident on October 29 during a hearing with the Minister of the Presidency, António Leitão Amaro, concerning immigration issues.
“He shouted at me, ‘Go back to your country,'” stated MP Eva Cruzeiro in her letter to José Pedro Aguiar-Branco.
In response to Eva Cruzeiro’s complaint, the president of the Assembly of the Republic, in his directive, requested the Parliamentary Committee on Transparency and Statute of MPs to “investigate the alleged facts related to serious irregularities violating MPs’ duties by the said MP Filipe Melo, potentially issuing recommendations suitable to the present situation.”
Socialist MP Eva Cruzeiro requested an inquiry into Chega MP Filipe Melo for allegedly shouting racist and xenophobic remarks at her. She also requested the Secretary-General of the Assembly to obtain and forward the session’s recording from the Parliament Channel to the Parliamentary Committee on Transparency and Statute of MPs.
Regarding this incident, José Pedro Aguiar-Branco also noted the authority of judicial entities in cases of potential criminal conduct.
The Assembly president emphasized that Eva Cruzeiro alleged Filipe Melo’s conduct could amount to criminal responsibility for discrimination and incitement to hatred or violence based on race, color, ethnic, or national origin, punishable by up to eight years in prison.
José Pedro Aguiar-Branco remarked that “the legal-penal assessment and qualification of the facts exceed the competencies of the president of the Assembly of the Republic, who cannot supersede courts or judicial authorities in determining any potential criminal responsibility.”
“Thus, it will exclusively be up to the competent judicial authorities to assess and determine whether the conduct constitutes elements of any crime outlined in the Penal Code, deciding accordingly on the potential initiation of the corresponding criminal proceedings,” he concluded.
In this matter, the Public Prosecutor’s Office may act on its initiative or upon request from the Parliamentary Committee on Transparency, should it deem the initiation of criminal proceedings warranted.
In his dispatch, José Pedro Aguiar-Branco also noted that while Filipe Melo was not acting as a member of the Assembly of the Republic’s Bureau at the time, “it should be stressed that Bureau members are subject to increased duties of impartiality, fairness, and rigor, expected to conduct themselves according to high standards of public exemplarity.”
“If the reported facts are confirmed, they are entirely condemnable and deserve the sternest political and institutional censure. Any behavior susceptible of being interpreted as intimidation, silencing, or discrimination is absolutely incompatible with the prestige and responsibility inherent to the parliamentary mandate, affecting not only the civility and decorum expected in 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 faces another complaint in the Transparency Commission, this one filed by Socialist MP Isabel Moreira, which has also received a favorable directive from the president of the Assembly of the Republic.
In this case, Filipe Melo is accused of directing toward Isabel Moreira “disrespectful gestures, including blowing kisses, and indicating for her to be silent, allegedly attempting to silence her.”
