The federal deputy (União-SP) filed a writ of mandamus with the (Supreme Federal Court) this Wednesday (18) to try to prevent the vote on the grounds that it did not follow the normal legislative procedure.
The warrant was distributed to Minister Cármen Lúcia, of the STF.
The parliamentarian states that the Board of Directors of the Chamber, chaired by the deputy (PP-AL), circumvented the regular process in the House, which provides that PECs must be processed by the CCJ (Constitution and Justice Commission) and a special commission before arriving to the plenary.
The PEC was presented by the Executive on December 3rd. On the same day, she was referred to the CCJ. Last Monday (16), the Board of Directors reviewed the decision and determined that the proposal be attached to another text, from 2007, which had already passed through both the CCJ and the special commission.
In the order, Kataguiri states that, with the maneuver, the PEC can be considered by the plenary 15 days after its arrival at the Chamber.
“It is clear that there is a fraud on the legislative process provided for in the Federal Constitution”, he states. “If the Board’s understanding prevails, a PEC could be presented, attached to another that deals with the same topic — even if both have very different provisions — and immediately voted on by the plenary, because the PEC to which it was attached would have already gone through the rite normal legislative.”
Kataguiri calls the act a fraud on the legislative process. “The legislative rite is designed to allow broad debate, in a democratic way, and to guarantee the rights of the parliamentary minority”, he argues.
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