The Committee on Constitution and Justice and Citizenship (CCJ) of the Chamber of Deputies approved this fourthon Monday (8), by 39 to 2 and one abstention, the admissibility of the Proposed Amendment to the Constitution that prohibits the retirement of magistrates as a disciplinary measure.
The text of the PEC ends the punishment that grants compulsory retirement with salary proportional to the length of service, applicable to judges accused of acts of corruption or offensive to administrative morality. The proposal will be analyzed by a special committee before being sent to the plenary for a vote.
The measure will establish a penalty of loss of office to judges who violate the dignity, honor and decorum of their functions. The proposal attributes to the National Council of Justice (CNJ) the competence to decree, by administrative decision, the loss of the position of members of the Judiciary. Currently, the dismissal of a judge can only be given by a final and unappealable judicial decision.
“What we discuss here very clearly is whether the law will continue to punish corrupt judges with permanent vacations and salaries of R$ 38,000 on average or if we will start to do justice? ”, questioned the rapporteur, deputy Kim Kataguiri (União Brasil-SP).
disagreements
Lawmakers opposed to the PEC argued that the measure would end the lifetime of judges. According to Deputy Lafayette de Andrada (Republicans-MG) the magistrates do not to haveno independence to judge. According to him, only 58 Brazilian judges out of about 14,000 were compulsorily retired in the last ten years. “Less than 0.01%. We are attacking an institute that protects 99.9% of good judges,” he said.
The proposal, however, has the support of opposition deputies and the base allied to the government. For deputy Adriana Ventura (Novo-SP), under the current rule, dishonest conduct is rewarded with compulsory and paid retirement, and the population pays. She added that the Brazilian Judiciary is one of the most expensive in the world and accounts for 1.3% of the Gross Domestic Product (GDP).
In the assessment of deputy Erika Kokay (PT-DF), the proposal does not violate any stony clause of the Constitution and dialogues with the feeling of society, which no longer supports naturalized privileges. “If there is a stance against decorum, dignity, the exercise of the function, if there is the thread of partiality weaving the toga, there is no need to to have the treatment in which that judge is not punished. If he is entitled to the benefit of retirement, he is being rewarded for the crime he committed. It’s the benefit of impunity,” he assessed.
*With information from the Câmara de Notícias Agency
