This Tuesday (26), a project that delegates the power to legislate on criminal matters to the states and the Federal District should be analyzed. The text is the first item on the agenda of the meeting scheduled for 2:30 pm.
The proposal goes against the call, prepared by the Executive and presented to governors at the end of October. The draft proposed by the government foresees giving the Union more powers to establish general guidelines on the national public security and social defense policy, including the penitentiary system.
In practice, the project being analyzed by the CCJ allows state or district laws to define punishments, including prisons and other sentences that restrict rights. According to the text, the states and the DF will be able to legislate on criminal matters “as long as it is in a more serious manner than that provided for in federal legislation”.
The proposal also allows the federation units to define:
- sentence serving regimes, such as rules for establishing the initial regime and progression;
- requirements for granting conditional release;
- ways of complying with sentences that restrict rights;
- criteria for replacing the custodial sentence with a sentence that restricts rights.
The author of the project is deputy Lucas Redecker (PSDB-RS). The committee’s rapporteur, deputy Coronel Assis (União-MT), proposed adjustments to the text “in order to reduce its scope” and not go beyond constitutional provisions. Currently, according to the Federal Constitution, only the Union can enact laws on criminal and procedural law.
The proposal has already expired (additional period for analysis) and can now be voted on. To try to postpone the vote, government deputies opposed to the project must adopt the so-called “obstruction kit” as a strategy, which includes instruments to delay discussions and votes.
Last Saturday, governors from the South and Southeast launched, this Saturday, the “Florianópolis Letter”, in which they express opposition to the Public Security PEC proposed by the Lula government.
The text prepared by the Executive has not yet been officially presented in Congress. The PEC provides, among other measures, for the inclusion of a Single Public Security System (SUSP) in the Constitution; updating the competencies of the Federal Police (PF) and the Federal Highway Police (PRF); and the constitutionalization of the National Fund for Public Security and Penitentiary Policy.
Other proposals
Also on the CCJ’s agenda is the complementary bill that changes the division of seats in the Chamber of Deputies. The proposal changes the number of representatives from 14 federation units, according to population data from the 2022 Demographic Census, carried out by the Brazilian Institute of Geography and Statistics (IBGE).
The text, authored by deputy Pezenti (MDB-SC), maintains the number of 513 total seats, but redistributes the seats from the 2026 elections onwards. Of the 27 federation units, only 13 would have no changes.
In August last year, the Federal Supreme Court (STF) set a deadline of June 30, 2025 for Congress to approve a complementary law on the review of the distribution of deputy seats in relation to the population of each federation unit.
abortion PEC
Another proposal included on the agenda is the one that prohibits abortion in the country, presented by then deputy Eduardo Cunha. The text inserts into the Constitution the right to life “from conception”. The matter has already expired and is awaiting a vote. The rapporteur, deputy Chris Tonietto (PL-RJ), was in favor of the proposal and did not suggest changes to the text.
Considered a priority for the president of the CCJ, deputy Caroline De Toni (PL-SC), the PEC is also included in the agenda for Wednesday’s meeting (27), as a single item, if it is not possible to vote on it on Tuesday.
The text is the subject of intense debate in the committee. Government deputies are against the proposal, while members of the opposition are pressing for the PEC to advance in the House. If approved, it will still need to be analyzed by a special committee and then by the plenary.
