Braga court archives Andre Ventura’s case on a rally during a pandemic

This Monday, the Braga court decided to postpone the case, in which one of the accused was the leader of Chega Andre Ventura, due to the rally in support of his presidential candidacy, which took place in January 2021, at the height of the pandemic.

The verdict was due to be read today, but the judge hearing the case declared the criminal case closed and ordered the material to be archived for legal reasons related to legislation introduced during the Covid-19 pandemic.

Andre Ventura and the other four defendants in the case were charged with the crime of insubordination, which until January 22, 2021 was classified under the “Covid legislation”, but from that day, with the new law, it became simply an administrative offense. . .

According to the judge, even if the conduct alleged in the charge is proven, the accused will now not be able to be punished for a crime that is no longer defined by law.

The decision to close the case is in line with what the prosecutor’s office itself promoted in the investigation, which asked the accused not to appear in court, given that the crime of disobedience had been committed. in the meantime were “transformed” with violation.

“I just wish I knew [do decreto-lei nº 8-A/2021] before pressing charges, otherwise I definitely wouldn’t have done it,” the prosecutor said, stressing that “confusing” laws were in place during the Covid-19 pandemic.

This decree-law of January 22, 2021 changes the regime of administrative offenses in the event of emergency, abnormal and emergency situations and continues to qualify administrative offenses as duties imposed by a state of emergency.

Besides Andre Ventura, the other defendants were Rui Sousa, who was the national representative of the presidential candidate, and Filipe Melo, the leader of the district of Braga do Chega.

All three are currently members of the Assembly of the Republic.

Also in the dock was the couple who owned the restaurant where the dinner party took place.

It was about a dinner-rally held on January 17, 2021 at the Tebos restaurant in Braga, which brought together about 120 people.

In the indictment, the prosecutor’s office claims that four days earlier, a decree of the President of the Republic was published extending for another 15 days, starting from the 16th, the declaration of a state of emergency based on verification of the disaster situation.

On the 14th, the government published a decree that regulated the modification and extension of the state of emergency and which, among a number of other measures, established a general obligation of home confinement, excluding participation in any capacity under this obligation. election campaign or election of the President of the Republic.

The decree also contained a rule allowing restaurants and similar establishments to operate solely for the purpose of preparing food intended for consumption outside the establishment.

Thus, the deputy emphasizes, the possibility of serving food in any form in these establishments was excluded.

“It was also agreed that electioneering events would only be permitted indoors if they were held in auditoriums, convention pavilions, multi-purpose rooms, conference rooms and multi-purpose pavilions,” the indictment says.

According to the deputy, from the totality of these rules, “it is obvious that restaurants must remain closed” and that election campaign events cannot be held there.

In court, the defendants argued that they acted with conviction of the legality of the initiative and that they always obtained the approval of the General Directorate of Health for all campaign activities, even if “a posteriori.”