The Senate Constitution and Justice Commission (CCJ) is expected to analyze on Wednesday the report of Senator Alessandro Vieira (MDB-SE) about the PEC of the armor. The opinion is due to the full rejection of the proposal approved by the House last week, which restores the need for prior authorization from Congress so that deputies and senators are prosecuted criminally and expands parliamentary prerogatives. Commission parliamentarians are entitled to the request for a view, which may postpone the discussion.
The scenario is of wide rejection of the text. Globe survey shows that 56 of the 81 senators have already declared themselves opposed to PEC, while only six expressed support. Three others said they were undecided, and 16 did not respond. To be promulgated, the proposal would need 49 favorable votes in the plenary, a level considered unreachable in the face of the positions already announced.
At CCJ, the resistance is even clearer. Of the 27 members of the board, 18 have already declared a vote against, among them the rapporteur himself, Alessandro Vieira. Only three said they supported PEC and six did not anticipate their positions.
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Alessandro Vieira’s opinion
The rapporteur considers that PEC represents a setback regarding the fight against corruption and liability of parliamentarians. Vieira pointed out that, between 1988 and 2001, when a similar rule was in force, almost 300 requests for investigation against congressmen did not advance due to lack of authorization from legislative houses.
“It is a PEC designed to protect bandit. It was tested in the past and led to hundreds of requests for filed investigation without merit analysis. The public interest requires rejection,” said Vieira.
Sergio Moro Amendment
On the eve of the vote, Senator Sergio Moro (União Brasil-PR) presented an amendment with the support of 13 other parliamentarians, including eight CCJ holders. The proposal limits the effects of shielding to opinion crimes, such as defamation and injury related to words and votes of parliamentarians, except in cases of threat. For crimes such as corruption and money laundering, the current regime would be maintained, without prior congressional authorization to open processes.
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The amendment also provides that any deliberations are made by open vote, in contrast to the text of the House, which instituted secret vote to decide on arrests in the act. Signatories include Ciro Nogueira (PP-PI), Carlos Portinho (PL-RJ), Rogério Marinho (PL-RN), Hamilton Mourão (Republicans-RS) and Jorge Seif (PL-SC).
Point to point of what PEC provides
The Armage PEC resumes devices that prevailed in the 1988 Constitution to 2001, overthrown by Constitutional Amendment No. 35. Among the main changes planned are:
Prior authorization for proceedings: Deputies and senators could only be prosecuted criminally with the endorsement of their legislative houses. Without deliberation, the Federal Supreme Court could not open criminal proceedings.
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Flagrant Prison: It maintains the possibility in cases of unenforceable crime, but transfers to the plenary the decision on the maintenance of detention. The vote, by the current newsroom, would be secret and should occur within 90 days. If there was no deliberation, the arrest would be considered revoked.
Precautionary measures: searches and seizures, blockade of property, confidentiality breaks and removal from office could only be determined by the Federal Supreme Court, prohibiting the performance of lower instances.
Extended privileged forum: The proposal extends the prerogative of judgment in the Supreme Court to presidents of parties with representation in Congress.
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Senate reaction
PEC approval by the House, with 353 votes in favor and 134 contrary, caused a strong repercussion. In the following days, demonstrations in various capitals brought together thousands of people against parliamentary shielding and amnesty to condemned by the acts of January 8, 2023. The pressure accelerated the migration of senators who were undecided to the field of “no”.
Including opposition parliamentarians such as Tereza Cristina (PP-MS), Romário (PL-RJ), Irajá (PSD-TO) and Efraim Filho (Union-PB) announced the opposite position, adding to other names that had already declared rejection.
Next Steps
If Alessandro Vieira’s report is approved at the CCJ, PEC will formally rejected in the Board. Still, any senator may appeal to bring the text to the plenary, provided that it brings together nine signatures. So far, there is no public articulation in this regard.
