The President of the Senate, Rodrigo Pacheco (PSD-MG), sent this Tuesday (14) to Minister Gilmar Mendes, of the Federal Supreme Court (STF), his justification for not having proceeded with the request for opening in the House of a Commission Parliamentary Inquiry (CPI) on the acts of January 8. The request was presented in January, with 38 signatures, by Senator Soraya Thronicke (União-MT).
In a document prepared by the Senate Advocacy, Pacheco argued that the request that creates the Parliamentary Commission of Inquiry was not read in the plenary of the House because it was presented in the previous legislature and recalled that senators elected in the October 2022 elections were sworn in only on 1 February 2023.
“As mentioned, the request was presented in the last legislature, and there are regulatory provisions, the interpretation of which prevent its automatic continuation, in the form intended by the petitioner senator, demonstrating, therefore, that the security must be denied”, highlights the document sent to the STF. The President of the Senate highlighted that a legislature cannot refer to the next legislature the duty to create or continue a parliamentary inquiry.
Reaction
Upon learning the arguments presented by Pacheco, Soraia Thronicke reacted. For the parliamentarian, all the arguments brought by Pacheco do not apply to the concrete case, since it refers to the hypothesis of functioning CPIs. “In our case, the proposal presented by me and signed by more than 40 senators who are in their mandate cannot even be considered a requirement, given that it has not yet been read by President Pacheco,” she said.
The senator also pointed out that Pacheco mentioned Article 332 of the Internal Regulations of the House, but did not say, in her text, that item II of the article “clearly states that proposals by senators who are in the course of their mandates or who have been re-elected”.
The senator added that it is the duty of the Presidency of the Senate to read and install the CPI, but that her lawyers will present a new manifestation to Minister Gilmar Mendes, rapporteur of the case, to dismiss President Rodrigo Pacheco’s allegations.
Historic
Faced with Pacheco’s resistance to reading the application in plenary, a measure that is a prerequisite for the creation of a CPI, Thronicke filed a writ of mandamus with the STF on February 16. In it, the senator argues that Pacheco had “anti-democratic political action”, in addition to accusing him of “omission”, “resistance and personal interest against the installation of the commission”.
The goal is for the Supreme Court to grant an injunction to force the President of the Senate to install the collegiate.