The House of Representatives restoring, on Wednesday (17), the secret vote to authorize the opening of criminal proceedings against deputies and senatorsin the proposal of amendment to the Constitution (PEC) 3 of 2021, the call of the PEC of Armage.
With 314 votes favorable and 168 opposite, the proposal states that deputies and senators can only be prosecuted criminally after the approval of the parliamentarian’s house – Chamber or Senate. The text goes to the Senate.
PEC rapporteur, Deputy Claudio Cajado (PP-BA), presented agglutinative amendment to Resume the original text on the secret vote, excluded at dawn.
“We have no doubt that yesterday’s vote did not mirror the wide position of the House Plenary. The vote went after midnight, many of the deputies even sought me by saying that they were sleeping, that they slept even unexpectedly,” said the rapporteur.
After approval of the base text of the PEC in the first and 2nd round, the plenary approved that it excluded the secret vote to authorize criminal actions and arrest in the act for unenforceable crime against deputies and senators. In all, 296 deputies had voted in favor of the secret vote, 12 less than necessary to approve a change in the Constitution, which is 308 votes.
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Leaders of the New, PSOL, PT and PSB criticized the decision to reincinate the possibility of secret vote in PEC claiming that the Constitution does not allow to vote the same theme in the same legislative session.
“A highlight is not voted, the highlight is defeated and being voted again. This is what is happening. For us, it is an affront to the Constitution. Article 60, paragraph 5, establishes that the matter contained in the proposed amendment rejected, or has been impaired, cannot be a new proposal in the same legislative session,” argued the PT leader, Deputy Lindbergh Farias (PT-RJ).
The mayor, Deputy Hugo Motta (Republicans-PB), rejected the appeal of some leaders and argued that the presentation of the agglutinative amendment has the support of the majority of the house, has precedent in previous votes and respects the legislative process.
“This fact emphasizes the political, legal and regimental legitimacy of the amendment under analysis. In the same field, the fact that the texts that support the agglutination have been approved by the said qualified quorum of three fifths, in the first round, by the plenary of this house, which demonstrates political agreement on the subject,” replied the Motta.
The opposite leaders promised to appeal the decision to the Constitution and Justice Commission and the Federal Supreme Court.
Deputy Alberto Fraga (PL-DF) argued to vote again for the inclusion of the secret vote in the armor PEC.
“In Parliament it is decided by the majority, and most agree with what you have done. Therefore, it is evident that the PL will be against the withdrawal of the agenda, and we will approve today what your excellence is proposing [a reinclusão do voto secreto]”, Said the deputy.
For Deputy Fernanda Melchionna (PSOL-RS), the proposal favors impunity and corrupt parliamentarians.
“Our vote [pelo fim do voto secreto na PEC] It would give transparency to the vote whether a parliamentarian is still in prison or not, for any crimes committed: thieves, murder, pedophilia, organized crime. Several have called organized crime PEC, because yes, it creates a shield that facilitates criminal factions, ”he said.
The rapporteur Claudio Cajado countered by stating that PEC is a guarantee for the exercise of the mandate without improper pressures and “political persecution”.
“Don’t count on me, and I’m sure of the vast majority of this parliamentary, to give immunity to those who commit a crime. This story that many are talking about that the criminal organization will settle in Parliament is a fallacy,” said the parliamentarian.
Secret vote
THE PEC text text was approved In 1st and 2nd round on Tuesday night by large majority.
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 homicide and rape, also need authorization from the parliamentarian’s house within 24 hours, also by secret vote.
The proposal also grants a special forum in the Federal Supreme Court (STF) to presidents of parties with seat 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 armor PEC has gained strength in recent weeks in the context of the Judgment and conviction of former President Jair Bolsonaro for attempted coup d’état after the 2022 presidential elections.
Critics point out that the measure makes the process difficult against deputies investigated for embezzlement of public money via parliamentary amendments.
On the other hand, defenders claim that PEC is a protection of the exercise of the parliamentary mandate in the alleged “political persecution” of the judiciary.
