Early in the early hours of this Wednesday (17), The House of Representatives approved, for inadequacy of quorum, the highlight that overthrew the secret vote in sessions to authorize criminal proceedings against senators and deputies.
There were 296 votes in favor of the secret vote, but the minimum necessary to maintain the rule was 308 votes.
Initially foreseen in the proposal for amendment to the Constitution (PEC) of the armor, also called PEC of prerogatives, the secret vote was overturned for lack of 12 votes to reach the total necessary to change the constitution.
Another 174 parliamentarians voted in favor of the highlight of the new that excludes the term “secret” of the text.
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Vote
He referred in favor of the secret vote the block formed by parties PL, União Brasil, PP, PSD, Republicans, MDB, PSDB, Citizenship and Somos. The opposition also positioned itself in favor of the secret vote.
On the other hand, they sent against the secret vote to authorize criminal proceedings against senators and deputies the PT, PSOL, Rede and Novo parties. The other parties did not position themselves and the government released the bench.
Opposition leader Cabo Gilberto Silva (PL-PB) defended the secret vote for parliamentarians to be not “blackmailed” by vote for the opening of criminal proceedings against a colleague.
“If someone here wants to present the vote, just get there and say, ‘I voted like this.’ It’s simple. Or, he films the time he’s voting. It’s simple,” said the parliamentarian.
Deputy Helder Salomão (PT-ES), in turn, argued that the parliamentarian has an obligation to show the vote and that he cannot “vote to the hidden”:
“The voter needs the confidentiality of the vote, to vote with freedom. Now the elected can not have the right to confidentiality of the vote. He who elements has to show his position.”
The PEC
The Armage PEC states that deputies and senators can only be prosecuted criminally if the House or Senate authorize the opening of criminal action in the Supreme Court (STF) within 90 days after the filing of any type of crime.
Cases of arrest in the act for unenforceable crimes, such as murder and rape, also need authorization from the parliamentarian’s house within 24 hours.
Secret vote
The base text of PEC of the armor was approved In the 1st and 2nd round on Tuesday night by large majority, with a vote on interstitial break between voting to suspend the regimental deadline of five sessions between voting of the shifts of a PEC.
The proposal also grants a special forum in the Federal Supreme Court (STF) to presidents of party with accent in the National Congress.
From the current rules, it only has access to the forum by the prerogative of function in the Supreme Court the President of the Republic, the Vice-President, Deputies, Senators, Ministers of State, Members of the Superior Courts, the Federal Court of Audit (TCU) and ambassadors.
The Armage PEC has gained strength in recent weeks in the context of the trial and conviction of former President Jair Bolsonaro for attempted coup and precautionary measures and lawsuits against parliamentarians involved in the coup movement that preached a military coup after the 2022 presidential elections.
Critics point out that the measure still hinders the process against deputies investigated for embezzlement of public money via parliamentary amendments.
On the other hand, advocates say that PEC is a protection of the exercise of the parliamentary mandate in the alleged “political persecution” of the judiciary.
