The Senate Constitution and Justice Commission (CCJ) unanimously rejected the proposal for amendment to the Constitution (PEC) of the armor. All 27 CCJ senators voted to completely reject PEC.
The proposal provided for prior authorization from the House or Senate, through secret voteto criminally prosecute deputies and senators.
CCJ President Senator Otto Alencar (PSD-BA) reported that the approved report, rejecting the PEC, should go to the house plenary later on Wednesday so that the text is deliberated by all 81 senators.
“Let’s go to the plenary, with commitment to President David Alcolumbre [União-AP]to end this vote today and, without a doubt, reject this proposal, “he said.
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Vote in the chamber
Approved by a majority of 353 votes in the first round of the House plenary, no senator defended PEC 3/2021 in the commission.
More than 20 senators signed up to speak against PEC, which was target of massive protests Last Sunday (21), having been nicknamed “PEC of the banditry”.
Rapporteur Alessandro Vieira (MDB-SE) asked for the rejection of the PEC claiming that it opens its doors from Congress to organized crime. Then Senator Jorge Seif (PL-SC), who had submitted a separate vote to maintain the proposal with some changes, withdrew the alternative report and voted along with the rapporteur.
Alessandro Vieira also rejected the amendments presented by Senators Sérgio Moro (União-PR), Carlos Portinho (PL-RJ) and Magno Malta (PL-ES), who intended to make changes to PEC, maintaining their proceedings with modifications in the text.
For the rapporteur, the amendments were harmed since the PEC suffers from “insatiable addiction to deviation of purpose”.
“The real objective of the proposal is not the public interest-and nor the protection of the exercise of parliamentary activity-but the excuses of public figures that intend to prevent or at least delay, criminal investigations that may harm them,” he said.
For experts and entities that work in the fight against corruption, the PEC could block criminal actions against corruption in the use of parliamentary amendments.
Debate
Senator Eliziane Gama (PSD-MA) said the proposal creates a “caste” of privileged and recalled the national mobilization of the streets in All capitals immediately after PEC approval in the House.
“[A PEC] It was born with the aim of creating a wall of impunity and actually creating a new caste in Brazil, which would be a caste of those who can commit crimes and would be out of the rigors of the law. ”
Senator Humberto Costa (PT-PE) recalled that the deputies even prayed after the approval of the Chamber of Armage PEC, noting that many changed their position after the reaction from society.
“The Senate today will decree the end of this indecent proposal, but the most important thing, from my point of view, is that the far right mask really fell into our country,” he said.
Senate opposition leader Senator Carlos Portinho (PL-RJ) countered Humberto saying that PEC is absurd, but stressed that the government base also voted in favor of the proposal.
“This PEC is indecency. None of us, whatever party, will be here to defend the bandit. The cited case of the Rio Legislative Assembly is emblematic, a member of the Red Command who has raised a place in the Rio Assembly. This is what we have to worry and avoid,” he said.
If the armor PEC was approved, the requirement of authorization to process parliamentarians also would be extended to state and district deputies. Experts feared that this immunity would serve an extra incentive for organized crime to join local parliaments.
MDB leader in the Senate, Eduardo Braga (MDB-AM), also made a harsh criticism of the armor PEC, saying that the proposal disrespects the Brazilian people and would be a serious democratic setback.
“This PEC demoralizes the popular mandate. The MDB, immediately after approval in the House, manifested itself in an official note on behalf of the 12 MDB parliamentarians with a firm opposition against the PEC of immorality, banditry and armor,” said Braga.
IMMUNITY TO OPINION
The senators also discussed the so -called material immunity of parliamentarians, which protects them by opinions, votes and words issued in the exercise of their position, prerogative provided for in article 53 of the Constitution.
For some, this immunity was being violated in Brazil by the Federal Supreme Court (STF), which would justify the shielding PEC. For others, this immunity remains protected, but even this prerogative is not absolute and does not protect the parliamentarian against injury, defamation and other crimes.
Senator Omar Aziz (PSD-AM) also differentiated the material immunity of procedural immunity, that the armor PEC tries to resume by providing prior permission of parliament for criminal proceedings against deputies and senators.
Aziz argued that the 1988 Constitution created procedural immunity for deputies and senators because, at that time, Brazil was still with an incipient democracy with many parliamentarians who had been revoked during the 21 years of the civil-military dictatorship.
The Senator of the MDB said that material immunity cannot protect against words that seek to obstruct a process of investigation in justice. “This PEC is immoral – not ideological – it is immoral! Especially because a senator of the Republic has no right to expose anyone’s family,” said Aziz.
He referred to Senator Marcos do Val (Somos-ES) who is investigated in the Supreme Court for allegedly promoting a campaign to intimidate and embarrass federal police responsible for investigations in progress in the Supreme. He is also suspected of architect a plan to nullify the 2022 elections.
The case of Senator Marcos do Val is used as an example of the supposed “persecution” of the STF for “opinion crimes” of parliamentarians, one of the main justifications used by the defenders of the armor PEC.
Senator Eduardo Girão (Novo-CE), one of the defenders of the “persecution” thesis against parliamentarians, said the House “missed the hand” with the shielding PEC, but came out in defense of Marcos do Val.
“Senator Marcos do Val is a victim exactly from this process. I believe we need to correct it,” he said.
The Government leader in Congress, Senator Randolfe Rodrigues (PT-AP), pointed out that even immunity by words and opinions, provided for in the Constitution, is not absolute and needs to be contained when exceeding and violating the law.
“The 1988 Constitution, in its wisdom, says that no right is absolute. A parliamentarian cannot apologize to the death of anyone. Immunity is material for opinion, word and votes, but not absolute. A parliamentarian cannot tell a deputy ‘I don’t rape you because you don’t deserve it,” Randolfe said.
The governing leadership referred to the offense given by former President Jair Bolsonaro, when he was still a deputy in 2014 against parliamentary Maria do Rosário (PT-RS). The former president became a defendant for apology for rape due to this case, even apologized to the Rosary, but the process ended up filed by the Federal District Court arguing that the alleged crimes would have been prescribed for time.
*Extended text at 1:45 pm
