Chega will even move forward with legal proceedings against the President of the Republic for “treason against the country”, who legally and politically has no legs to walk
“The process can effectively be initiated, given that Chega has 50 deputies, but I don’t see that the remaining legal conditions have been met, especially the alleged commission of the crime.” This is how constitutionalist Raquel Brízida Castro looks at the process that will be entered into the Assembly of the Republic, and which aims to criminalize the statements made by the President of the Republic regarding possible reparation to the former colonies.
André Ventura justifies the process by understanding that there was a crime of “treason against the country”. At issue are the statements made by Marcelo Rebelo de Sousa during a dinner with foreign journalists, the day before the 25th of April, about reparations to former Portuguese colonies, where he proposed the payment of reparations for the “errors of the past”.
The head of state cannot be held politically responsible – there is no way to do so -, so the criminal path is the only one that can bring consequences. In this sense, it would be necessary to verify “a crime committed in the exercise of his functions”, explains Raquel Brízida Castro, emphasizing that Marcelo Rebelo de Sousa “did not commit any of the criminal acts alleged by Chega”.
As he is the President of the Republic, the legal process takes place in a special way, provided for in the Constitution of the Republic. Firstly, regarding the initiative, it is important to note that Marcelo Rebelo de Sousa, being the general holder of the criminal action, “enjoys some immunity before the Public Ministry”, says the constitutionalist. Therefore, according to the law, “the initiative must come from one fifth of the deputies (46) in active positions”. Given that André Ventura’s party has 50 deputies in the Assembly of the Republic, the first step to be taken was, from the outset, guaranteed.
“Chega’s intention has several unknowns”, says constitutionalist Vitalino Canas, considering that it is not certain that Chega will take the first step in the process. “We get the impression that Chega is more concerned with the spectacle than with the mechanism”, he explains.
If André Ventura actually wants to proceed with the initiative under constitutional terms, he will need to obtain parliamentary approval, which means that he will always have to rely on the PSD and PS. “A deliberation with a two-thirds majority of the