In his order, the president of Parliament indicates that “The irregularities identified” in the initiative of the arrival “do not assume such gravity that impose the injunction of the request.”
The President of the Assembly of the Republic asks for the arrival to proceed with corrections in his potestative request on the constitution of a parliamentary inquiry committee regarding the to remedy constitutional uncomfortableness.
This position is contained in an order signed on Tuesday by Aguiar-Branco, in which, on the other hand, admits the requirements presented by BE and JPP-both aiming to open a parliamentary commission of forest fires.
In his order, the president of Parliament indicates that “The irregularities identified” in the initiative of the arrival “do not assume such gravity that impose the injunction of the request.”
However, the President of the Assembly of the Republic has decided to notify the arrival “to, wanting, under the imprisonment of any rejection, within five days, to proceed to the clarification of the object of the inquiry and/or conformation with the constitutional and legal assumptions that limit the legitimate scope of parliamentary inquiries. “
What Aguiar-White requires the arrival
According to José Pedro Aguiar-Branco, the Arrives should “specify the act of the government or administration that aims to ascertain by proposing the complete determination of the contours of the police operation [denominada] Control tower, as well as investigating any cartelization or corruption practices in the sector of fighting rural fires. “
Should still “Specify the act of the government or administration that is intended to scrutinize by proposing the investigation of the alleged business and economic interests that thrive with the perpetuation of rural fires. “
And yet, “To substantiate the existence of new facts or supervening knowledge that justify the extent of the object of the inquiry into acts of government or administration occurred in previous legislatures [nesta caso 2017] currently underway “.
For the President of the Assembly of the Republic, in the case related to the investigations referred to by the arrival of the police operation “Tower of Control” and the existence of eventual cartelization or corruption schemes in the sector of combating fireworks, no acts of the government or administration – “which makes its compatibility with the functional criterion enshrined in the RJIP (legal regime of parliamentary inquiries).
“Parliament can direct its investigative activity to public office holders and public legal persons, as well as to individuals or private companies, directly or only to the extent that they are pertinent to the investigation of a particular subject, related to the activity of the government or management. Going to the investigation of the exclusive competence of the judicial or police authorities, representing matters, would represent a police or police authorities. Unacceptable overlap to the functions of judicial power, in violation of the principle of separation of powers, and would constitute usurpation of powers, “says Aguiar-Branco.
“IParliamentary Nquarit is not intended to ascertain criminal responsibilities “
The President of the Assembly of the Republic stresses that “the parliamentary inquiry is not intended to investigate criminal responsibilities nor replaces themselves with judicial instances. ”
“Its function is eminently political: it aims to clarify relevant facts for the purposes of controlling the action of the government and administration, detecting any failures or dysfunctions in the application of the law or in the execution of public policies,” he says.
Aguiar-Branco also points out that the Arrives proposes an object from 2017 to the present.
“This period will focus on the XII, XIV, XIV, XV and XVI Legislatures, which contradicts, in principle, the established temporal limit. The retrospective amplitude of the object shall, therefore, be duly justified in the light of the legal exceptions admitted, under penalty of disguise with the RJIP,” he warns.
In the case of the requirements presented by BE and JPP also for the constitution of an Inquiry Committee on Fire, the President of Parliament observes that his realization “will depend on express deliberation of the plenary”.
“It is understood that the eventual need for compatibility between the different parliamentary inquiries should be relegated for a later moment, and the leadership conference is responsible,” he adds.
