Five state deputies from Rio de Janeiro were arrested in November 2018, after being re-elected, and faced a legal dispute to assume their mandates in the Legislative Assembly of Rio de Janeiro (Alerj). The case occurred during Operation Furna da Onça, which investigated suspected corruption involving parliamentarians.
Almost eight years later, the situation could be discussed again with the arrest of elected state deputy Márcio Canella (União Brasil). He was arrested by the Federal Police on Thursday (15), during the eighth phase of Operation Nail and Flesh, and had his preventive detention maintained by the Courts this Friday (16).
Canella received 197,178 votes in the 2026 elections, the second highest vote for state deputy in Rio. If he remains in prison until the start of the next legislature, in February 2027, the situation could raise doubts about the procedures for him to assume office.
The case also involves an electoral issue. Canella's candidacy registration was challenged by the Public Electoral Ministry, but released by the Regional Electoral Court of Rio de Janeiro (TRE-RJ). The discussion about the candidacy is different from the criminal issue and may have its own consequences in the Electoral Court.
In November 2018, André Corrêa, Luiz Martins, Marcus Abrahão, Marcus Vinícius Neskau and Chiquinho da Mangueira were arrested. The five had been re-elected to Alerj and were being investigated on suspicion of participating in a corruption scheme.
The arrest raised a question: how could parliamentarians assume their mandates if they were detained?
To take office, those elected needed to pass certification from the Electoral Court and then complete the inauguration procedure at the Legislative Assembly. At the time, Alerj sought to make the steps possible even with the deputies arrested.
The five were graduated by proxy. Subsequently, the Assembly's possession book was taken to the places where they were: four were in the Bangu Penitentiary Complex, and Chiquinho da Mangueira was under house arrest.
The initiative was announced by the then president of Alerj, André Ceciliano. The Assembly reported that deputies would not receive salaries or have offices while they were imprisoned.
The procedure, however, was challenged by the Public Prosecutor's Office and the possession ended up suspended, giving rise to a legal dispute.
At the end of 2019, following a decision by Minister Cármen Lúcia, of the Federal Supreme Court (STF), which recognized Alerj's competence to analyze the arrest of its parliamentarians, the Assembly voted to revoke preventive arrests.
In May 2020, deputies gained the right to assume their mandates.
André Corrêa was acquitted, as was Luiz Martins, due to lack of evidence, according to information gathered by the report.
RJ2 contacted the Regional Electoral Court of Rio de Janeiro (TRE-RJ) to find out about the outcome of the cases of the other deputies mentioned, but had not yet received a response until the last update of this report.
Canella's preventive detention has no previously determined period and can be maintained as long as the Court considers that there are reasons for it. If he remains in prison at the beginning of the next legislature, it will be necessary to define how the steps will be taken to take office.
The Furna da Onça precedent shows that the arrest of elected parliamentarians can provoke legal disputes over their tenure. This, however, does not mean that Canella's case will necessarily have the same outcome.
In addition to the criminal issue, the elected deputy faces questions in the Electoral Court. The Public Electoral Ministry challenged the registration of his candidacy, which ended up being released by the TRE-RJ. The analysis of possible resources may have consequences on the electoral situation and the validity of the votes.
Pretrial detention, in itself, does not mean that Canella lost his mandate or that his votes were annulled.
Canella was arrested on Thursday (15), during the eighth phase of Operation Nail and Flesh, by the Federal Police. The investigation investigates the activities of an organization suspected of laundering money through a network of gas stations in the Metropolitan Region of Rio.
According to information from the investigation, the group would have moved around R$7.6 billion between 2020 and 2026. The investigation includes suspicions of criminal organization, money laundering and corruption.
The court maintained Canella's preventive detention this Friday (16). Through his defense, the politician stated that he trusts the justice system and is sure that everything will be clarified.
The suspicions investigated still depend on judicial investigation and do not amount to a criminal conviction.
