The senator (-PR) requested a review and postponed the vote by the CCJ (Constitution, Justice and Citizenship Commission) on a PEC (proposed amendment to the Constitution) that determines the status of magistrates and members of the Public Ministry.
Moro stated that he presented an amendment to the text and would like the collegiate to have more time to consider the change, which establishes that serious misconduct that can lead to dismissal or loss of position are, specifically, a crime. He mentioned as examples sexual crimes, favoring organized crime, corruption, among others.
The PEC was authored by the then senator, now minister of the (Supreme Federal Court).
In Congress, the rapporteur, senator (PSD-MA), voted in favor of the text, with editorial amendments. Two of them provide for the application of the punishment of loss of position in the case of serious misconduct regardless of a final court ruling (a decision that can no longer be appealed).
Today, the Constitution establishes as a rule that magistrates, prosecutors and prosecutors have the right to life, and can only lose their position by decision of the court to which the judge is bound or precisely by a final and unappealable decision.
The (National Association of Public Prosecutors), which stated, in a public note, that suggestions for addenda to the proposal can advance “on the core of the constitutional guarantee of the lifetime of members of the judiciary”.
At the CCJ session, Eliziane defended the PEC text and amendments, while senators Otto Alencar (PSD-BA), Carlos Portinho (PL-RJ) and Esperidião Amin (PP-SC) criticized points of the measure.
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