The proposal that ends the punishment of magistrates and members of the MP goes to the Plenary of the Upper House for consideration
A Constitution and Justice Committee (CCJ) of the Senate approved this Wednesday (8) the Proposed Amendment to the Constitution (PEC) that prohibits the use of compulsory retirement as punishment to magistrates and members of the Public Ministry (MP). The text now goes to the Plenary of Casa Alta.
The proposal approved by the CCJ establishes that, when there is serious misconduct that constitutes a crimeshould occur loss of position, dismissal or equivalent measure in accordance with the regulations for each career. The text defines that, to impose punishment, a civil action must be filed within 30 days in the same court where the trial will take place.
During the processing of the case, the magistrate, prosecutor or prosecutor must:
- To be away provisionally of functions;
- Ter suspended pay.
Pension for military dependents
It was also amendment approved from senator Hamilton Mourão (Republicanos-RS) to remove from the PEC the impediment to payment of pensions to family members of military personnel expelled, excluded or dismissed from the Armed Forces. The benefit is known as fictitious or presumed death.
Mourão argued that it was “inadmissible for the family to pay for the couple’s mistake”. “There is even a question of misappropriationbecause he [o militar] contributed to this his entire life”, added the parliamentarian.
Senators Marcos Rogério (PL-RO) and Carlos Portinho (PL-RJ) were against the inclusion of the military in the PEC. For the parliamentarian elected by Rio de Janeiro, the measure would target former president Jair Bolsonaro and his family.
Senator Alessandro Vieira (MDB-SE) argued that the case of the military must be analyzed in a separate proposal.
*With information from Agência Senado
