The Constitution, Justice and Citizenship Committee of the Chamber of Deputies approved, this Wednesday (13), the bill that obliges social and popular movements operating in at least three states and with a significant presence in the media to formalize themselves as third sector organizations. The measure was approved by 33 votes to 11 in the CCJ and can go directly to the Senate, if there is no appeal for it to be considered by the Chamber’s plenary.
Authored by deputy Coronel Assis (União-MT) and 23 other parliamentarians, the project aims to hold members of the movements civilly and criminally responsible in cases of crimes committed against life or property in the name of the causes defended. If held responsible, social or popular movements may be prevented, for five years, from signing contracts, using public resources and spaces, or receiving any benefits from direct or indirect public administration, at all levels of government.
“Social and popular movements identified and organized in more than three States, highlighted in the local and national press, qualify as Third Sector entities, and must acquire legal personality, in accordance with the terms set out in the Civil Code and special legislation, for the purpose of its regular functioning and civil and criminal liability”, says an excerpt from the bill.
The project’s rapporteur, deputy Alfredo Gaspar (União-AL), presented a substitute for PL 4183/23, highlighting that, although freedom of association is guaranteed, this freedom must be within the legality and respect for public and private assets . “Freedom of association cannot exceed the limits of the defense of legitimate goods and interests,” he stated. The information is from Chamber Agency.
The project, however, generated criticism from left-wing parliamentarians. For deputy Helder Salomão (PT-ES), the proposal is undemocratic and violates the Constitution, as it imposes restrictions on freedom of association and may hinder the activities of social movements that exercise citizenship without economic purposes. Salomão highlighted that the Constitution guarantees the right to organize civil society, without state interference in the functioning of these movements.
On the other hand, deputy Caroline de Toni (PL-SC), president of the CCJ, defended the proposal, stating that formalization with CNPJ would allow greater transparency and accountability for those involved, especially in cases of conflicts in the field. According to her, the measure contributes to the improvement of agrarian reform, by identifying leaders of movements that, on some occasions, resort to violence.
