The proposal of amendment to the Constitution (PEC) that hinders criminal complaints against deputies and senators was approved on the night of Tuesday (16) by Plenary of the Chamber of Deputiesin Brasilia.
The base textwhich depended on 308 votes to advance, was approved by 353 parliamentarians, in a first round vote. 134 deputies voted against the bill, and there was an abstention.
A second round of voting will still need to confirm the approval of the matterwhat can happen later tonight. Meanwhile, deputies analyze highlights to PEC, which may or may not change specific points of the text.
The PEC determines that any opening of criminal prosecution depends on prior authorization, in a secret vote, the absolute majority of the Senate or the Chamber. In addition, the proposal grants forum in the Federal Supreme Court (STF) to presidents of parties with seats in Parliament.
The Call Call of the Armage (PEC 3 of 2021), or PEC OF PREROGATIVESwas articulated by Most House leaders with the support of the Opposition led by the Liberal Party (PL).
The Workers Party (PT) bench advised the opposite vote, but governing countertops, as government leaders and the majority, released the votes.
If PEC advances through the House and is approved later in the Senate, Judicial proceedings, whether by misuse of parliamentary amendments or other crimes, can only be tried in the Supreme Court with authorization from parliamentarians.
The text approved in the first round is a substitute reported by Deputy Claudio Cajado (PP-BA), who gave a favorable opinion to the bill.
The proposal allows deputies and senators to bark the arrest of colleagues in secret vote. Defenders of the measure say that the proposal is a reaction to what they call the abuse of power of the Supreme Court (STF) And that the measures restore original prerogatives provided for in the 1988 Constitution, but which were later changed.
Already against the proposal claim that the measure would shield deputies of the possibility of being processed and investigated for crimes of any kind, including common crimes such as corruption and acts of violence, for example.
In conversation with journalists, the staff deputy justified that the text is not an authorization for “bad deeds”, but only a “protection” for deputies to play their role without fear of “political persecution”.
“This is not a license for abuse of the exercise of the mandate, it is a protective shield of the defense of the parliamentary, the sovereignty of the vote and, above all, respect for the Chamber of Deputies and the Federal Senate,” he said.
The text presented by the rapporteur states that: “Since the issuance of the diploma, the members of the National Congress may not be arrested, except in the act of unenforceable crime, nor criminally processed, without prior permission of their home.”
In another device, the PEC defines that the decision must be decided “by secret vote of the absolute majority of its members, within ninety days from the receipt of the order emanating from the STF.” Absolute majority means half of the house parliamentarians plus one.
In the case of arrest for unenforceable crime, it is necessary to manifest, within 24 hours, of the House or Senate, by secret vote. The house may suspend prison with a simple majority that, unlike the absolute majority, requires most of the parliamentarians present at the session and not the total.
About the secret vote, the rapporteur Claudio Cajado maintained that the mode “never gave problem”.
“What is the problem with the secret vote? [É] So that everyone has their conscience focused on the full exercise of parliamentary activity, ”he said.
The rapporteur also justified the inclusion of party presidents among those entitled to the forum by prerogative of function, and can only be processed by the Supreme Court.
“They are activists in politics. They complement political activity. So any process about them does not have to be permitted, to be clear. But the forum is also the same as deputies,” said a staff.
Pec
THE PEC da Armagem began to gain strength in the House of Representatives after the house arrest of former President Jair Bolsonaro and the riot of the opposition that prevented legislative workers for a week.
The former president’s allies criticize the STF’s actions against deputies and senators accused of collaborating or participating in the coup movement that questioned, without evidence, the 2022 presidential elections.
According to the leader of the PL, Deputy Sostenes Cavalcante (PL-RJ), the objective is to resume the text of the 1988 Constitution that conditions the opening of criminal action against deputy or senator to a prior authorization from the parliamentary legislative house.
“Investigating can. To process that houses will be required within 90 days,” Sostenes told Brazil agency.
During the deliberation of the matter, in the plenary of the House, the matter was criticized by members of the Government base.
“When you extend this procedure [blindagem] For party presidents, you extend disregarding that position is not a state function. So there is an artificial expansion of the forum itself. The parliamentarians themselves have to vote for whether or not they should answer for their crimes and this is absurd, “criticized Mrs Érika Kokay (PT-DF).
“I sincerely see no interest from the Brazilian people in a PEC that protects parliamentarians, deputies and senators. Our agenda has to be the life of the people. We are concerned about the provisional measure that benefits 60 million Brazilians [com isenção na conta luz]. Therefore, we refer no vote, “said PT leader, Lindbergh Farias (RJ).
Constitution
Until 2001, the Constitution established that parliamentarians could not be prosecuted criminally without prior permission from their home.
That year, a constitutional amendment, 35/2001 withdrew this part of the Constitution, and the deputies were processed without prior authorization from the plenary of the House or Senate.
Currently, the House or Senate may suspend the progress of some action, after it has already been accepted by the judiciary, provided that the crime has occurred after the diploma and is related to the functions of the parliamentary.
