Centrão and closed an agreement to vote a armor agenda to parliamentarians against court proceedings, in exchange for the eviction of the plenary with the. The intention is that part of these proposals is already voted quickly next week, with changes in.
The idea is to prohibit investigations against deputies and senators until there is no prior approval of Congress and establish three degrees of trial for the lawsuits against congressmen, withdrawing the cases from the (Supreme Court).
The agreement involves PL leaders, Novo, PP, União Brasil and PSD, but did not have the participation or endorsement of Motta. Allies of the president of the house also state that the hit does not guarantee that the proposals are indeed taken to the plenary.
Upon arriving in the House on Thursday (7), Motta stated that he did not commit to any agreement involving vote of proposals to vacate the table.
“The presidency of the House is non -negotiable, I want this to be very clear. The negotiation done by this presidency so that the work was resumed is not linked to any agenda. The mayor does not negotiate his prerogatives either with opposition, nor with the government, nor with absolutely anyone,” he said.
Currently, the lawsuits against deputies are tried directly in the Supreme when they involve matters related to the mandates. With this, the trial runs out in the Supreme Court itself, the maximum instance of the Brazilian judiciary, without the possibility of requesting a review from other courts – there is several appeals to the STF itself.
The purpose of the deputies is that the lawsuits against them have three degrees of jurisdiction. The lawsuits would begin in the Federal Regional Courts (TRFs), with the possibility of funds to the (Superior Court of Justice) and then to the Supreme Court.
The defense made by the centrão is that the Constitution provides for the double degree of jurisdiction to all Brazilians, but that congressmen do not have this possibility of revision of criminal accusations against them by other judges.
The centrão took advantage of the pressure of the former president’s allies (PL) to resume this agenda with his own shield: there are more than 80 STF surveys against deputies and senators for irregularities and deviations of money through parliamentary amendments to the budget.
Minister Flávio Dino has under his rapporteur one in the administration of the former president (-Al), so that the Federal Police would find the attempt to circumvent the decision that required transparency in sending these resources to states and municipalities, with the name of the authors of each nomination.
The return in the discussion of forum change was demanded by the pockets as a way of removing the process of the former president of the Supreme Court and sending it to lower instances-the court trial on a coup attempt should take place next month.
Another argument of the pockets is that the deputies and senators have become “hostage” of the Supreme Ministers, with no possibility of contesting them, as they can be tried criminally by them later. This, in their view, would prevent impeachment progress against Minister Alexandre de Moraes and other members of the Court.
Members of PL, União Brasil and PP also work to shield the deputies and senators of investigations. They want to resume a rule that existed since the first Brazilian Constitution and which only allowed inquiries against parliamentarians in the exercise of the mandate for cases after the express authorization of the legislature, in vote.
This made the inquiries stop while the parliamentarian did not lose his mandate, and was revoked by Congress himself in 2001, in an ethical package led by the House in the face of allegations of corruption.
The leader of the PP in the House, Deputy Dr. Luizinho Teixeira (RJ), says that it is necessary to discuss “how to rebalance the powers”. “The change of the constitutional text has created an imbalance, the judiciary is a power above. Many think that the change of forum can resolve, I have the opposite opinion. I think bringing the forum of parliamentarians to a politicity judge. […] I am an advocate for the return of parliamentary prerogatives of the 1988 Constitution, “he said on Wednesday (6).
The pockets pressured the mayor, (-PB), to head these projects, as a condition to vacate the plenary, but he replied that he would not negotiate under blackmail and that he would only deal with the agenda after resuming the work.
The negotiation, then, occurred directly with Lira, Luizinho and the deputies Elmar Nascimento (Union-BA). The package was still supported by parties such as PSD, PL and Novo. To approve them, the favorable vote of more than 308 of the 513 deputies and 49 of the 81 senators will be required through a PEC (Proposed Amendment to the Constitution).
There are also two other points under discussion: the intention to review the legislation on precautionary measures (preventive actions that a judge can adopt against a investigated) and the amnesty to the convicts of the scammer acts of January 8, 2023 and Bolsonaro.
In the amnesty part, the agreement was “working to discuss a text”, according to members of PP and União Brasil, and there is not yet a closed position. The group understands that there is a majority in the House plenary to approve such a proposal, but the content needs to be negotiated with the Supreme Court not to generate a new crisis.
