The proposal for amendment to the Constitution (PEC) that hinders the progress of criminal proceedings against deputies and senators, including the execution of arrest warrants, was approved on Tuesday night (16) by the plenary of the Chamber of Deputies, in Brasilia, in two voting shifts.
The base text, which depended on 308 votes to advance, among 513 deputies, was approved by 353 parliamentarians, in first -round vote. Another 134 deputies voted against the bill, and there was abstention.
In the second round, around 11:30 pm, about two hours after the first vote, the PEC went with the favorable vote of 344 deputies. There were 133 opposite votes. An application to dispense with the interval of five sessions between one vote and another was approved by wide margin to allow the advancement of the matter.
The PEC states that any opening of criminal prosecution depends on prior authorization, in a secret vote, the absolute majority of the Senate or the House. In addition, the proposal grants forum in the Federal Supreme Court (STF) to presidents of parties with seats in Parliament.
All highlights to change the text, including the exclusion of the privileged forum to party presidents, were rejected in plenary. After the end of the second round vote, deputies were still discussing highlights to exclude points from the text.
The Call of the Armor PEC (PEC 3 of 2021), or PEC of the prerogativeswas articulated by most of the House leaders with the support of the Opposition led by the Liberal Party (PL).
The Workers Party (PT) bench advised opposite vote, but 12 subtitle deputies voted in favor in the first round. There was also support for PEC among deputies other base parties, such as PSB, PSD and PDT. In addition, governing benches, such as government leaders and most, released their votes in plenary.
Hardship
Now the PEC will be sent to the Senate. If you advance between senators, court proceedings, whether by misuse of parliamentary amendments or other crimes, you can only be tried in the STF with authorization from parliamentarians. Nevertheless, it must face resistance in the reviewer. The President of the Senate Constitution and Justice Commission (CCJ), Otto Alencar (PSD-BA), demonstrated indignation with the initiative.
“The repulsion to the armor PEC is stamped in the people’s surprised eyes, but the House of Representatives strives not to see. I have a opposite position,” he said in a post on social networks. It will be up to the CCJ, chaired by Alencar, to analyze both the admissibility of the PEC and its merit. If taken to the plenary, the text will need the vote of 49 between 81 senators.
What was approved
The text approved in the House 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.
In conversation with journalists, the staff justified that the text is not an authorization for “bad deeds”, but only “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 parliamentarian, 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, members of the National Congress may not be arrested, except in the act of unenforceable crime, nor criminally processed, without prior permission from 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 issued by the STF.” Absolute majority means half of the parliamentarians of the respective Legislative House 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 “never gave problem” modality.
“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 of them does not have to be permitted, to be clear. But the forum is also the same as deputies,” said a staff.
Already contrary to the proposal claim that the measure will shield deputies of the possibility of being prosecuted and investigated for crimes of any kind, including common offenses, such as corruption and acts of violence, for example.
“This is a demoralization of the Brazilian Parliament. The secret vote is returning and the way we will give the legislature of annulling the judiciary, blackmail the executive and make it power, par excellence, in semi-presentialism. This is the response to the condemnation of the coup in the country,” said Deputy Ivan Valente (PSOL-SP).
