The president of the Chamber of Deputies, Hugo Motta (Republicans-PB), indicated on Thursday, 14, at the moment receptivity in the house to process a proposal that restores the need for authorization of the legislature to open investigations against parliamentarians.
Currently, the Federal Supreme Court (STF) may order an inquiry against deputies and senators or authorize an application from the Federal Prosecutor (MPF). According to Motta, the idea would be to rescue the molds of the original Federal Constitution. He claimed that there is a nuisance because “many parliamentarians” are being investigated “for opinion crimes.”
The riot of congressmen after the house arrest of former President Jair Bolsonaro (PL) last week boosted an onslaught in Congress for an agenda focused on the shielding of politicians. Bolsonarist deputies occupied the Board of Directors of the House for about 30 hours charging the progress of the proceeding at the home of an amnesty project for those involved in acts that culminated on January 8, which could benefit Bolsonaro.
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However, conflagration in the plenary has stimulated an agreement between centrão and opposition to protect parliamentarians – as a proposal that restricts parliamentarians’ arrest and the application of precautions and the end of the privileged forum to congressmen.
In an interview with GloboNewsMotta said there is “an environment of discussion” in order to restore the need for legislative authorization to open inquiries involving congressmen.
‘Prerogatives’
“Today we have an environment in which many parliamentarians, in the face of this institutional confusion that the country is going through, are being investigated for opinion crimes. This ends, in a way, generating an environment in which these prerogatives can be rediscussed, because we already had for our constitution, in the past, when it was elaborated, this model,” said Motta.
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The requirement of prior authorization from Congress for deputies and senators to be prosecuted criminally fell in 2001, when a constitutional change was approved. “This was later changed by the House and Senate plenary through a PEC. So, there is an internal discussion about a possible return of a need for legislative authorization so that processes can follow against parliamentarians,” said the mayor.
Although Motta quoted “crimes of opinion” in the crisis installed between the powers, as the Estadão showed, the central point is the fight around parliamentary amendments. At least 40 inquiries are open today to investigate suspicions of deviations involving these transfers.
According to him, however, there is not yet a concrete project or “an idea of text.” “What is there is an environment of discussion, because really internally has a lot of discomfort with decisions that have been made recently.” According to Motta, the project “will be discussed and, if there is an environment to go to the agenda, can be based on quietly”.
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Privileged forum
The mayor was less sympathetic to other proposals from the so -called “PEC of Armagem” – a package of proposals that, according to deputies, are intended to strengthen Congress’ immunity against what they consider abuses committed by the Supreme.
Motta said he sees with “concern” the discussion about the end of the privileged forum among parliamentarians. Today, the Constitution attributes to the Supreme Court the power to prosecute and judge parliamentarians, but part of the deputies understand that the model allows court ministers to practice political persecution, without the defendants being entitled to appeals.
The idea, therefore, would be to enable other courts, such as the Superior Court of Justice (STJ) or the Federal Regional Courts (TRFs) also have this prerogative. According to Motta, there is still no consensus on this proposal.
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“This is a complex discussion. I see, today, this issue of the forum with great concern. I think you have to know what the text is, what is said. What is the goal? What is being discussed so that the forum can be changed? This can not bring that the Chamber is seeking impunity,” he said.
Motta also stated that there are disagreements of parliamentarians regarding the performance of the Supreme, but that it is not possible to ensure the existence of majority by the end of the forum.
“There is discomfort with some interference with the Supreme? Is there a aversion environment inside the house because the Supreme is often decided on almost everything in the country? There is. This environment ends up generating the discussion about these articles, but I can’t need it today that the environment in the house is for approving the end of the forum,” he said.
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Mumer Penalties
In the same interview, the mayor repeated that he sees no environment for the approval of an amnesty concession project for those who planned murders in the coup plot, but said there is a favorable scenario for milder penalties to those who had no central role.
“I don’t see an environment inside the house, for example, to amnesty who planned to kill people,” he said. “There is a concern, yes, with people who did not play a central role, who, due to the cumulative of the penalties, ended up receiving high penalties,” he continued.
According to Motta, a possible sentence review can offer a progression to a “softer regime” to people who have been supporting in scammers. “There is a certain sensitivity about these people, who could, in a review of penalties,, in a way, to receive, perhaps, a progression and go to a softer regime, other than a closed regime. That can go to the semi -open, can see a review, because many of them have already fulfilled part of these penalties.”
‘Firm’ action of corregedoria for riot
Hugo Motta defended a “firm” position of parliamentary corregedoria with deputies who played “central role” in the physical obstruction of the plenary last week, which considered “inadmissible”.
Motta stated that the chief of the Internal Affairs, Deputy Diego Colonel (PSD-BA), has already started the notification of the 14 parliamentarians who are the target of the representations and confirmed the period of 45 days for the corregedor to speak out, but said the agency could anticipate.
“He is already notifying the parliamentarians, and I think that before this period of 45 days – without prejudice to what has to be done, which is the responsibility of these parliamentarians – the corregedoria will speak up,” he said in the interview with the interview GloboNews.
The information is from the newspaper The State of S. Paulo.
