A bill proposed by the government that has been advanced in may increase the powers of the Federal Attorney General’s Office, by including prosecutors from other bodies in it and allowing the current head of the department, , to act on any matter of interest to them in justice.
The text reported by deputy Lafayette de Andrada (PL-MG) was approved in May by the House’s Constitution and Justice Committee and amends the AGU’s Organic Law by including the positions of federal prosecutors and also the .
Federal prosecutors are those who work with agencies, such as Aneel (National Electric Energy Agency), CVM (Real Estate Securities Commission) and even the .
An excerpt from the project says that the Union’s attorney general will be able to raise any matters of interest to the body, giving full powers to the head of the department. The fear is that the power given to the AGU could harm the autonomy of these bodies.
The proposal is discussed at a time when the Federal Senate is looking at a project that faces resistance within the government.
The National Association of Union Lawyers fears negative impacts with the proposal and says that changes in the autonomy of agencies should be implemented through an amendment to the Constitution.
“It is essential that these entities are called by Parliament to give their opinion on the convenience, for the public interest, of breaking the current model”, said the entity’s president, Niomar Nogueira.
The main criticism is that the new model opens up a gap for bodies that are currently linked to the AGU to have direct hierarchical subordination to the holder of the portfolio.
The government text also does not define the functions of each prosecutor’s office. The fear is that without a clear definition of action, each body will act in a discretionary manner and there will be a dispute between demands.
The AGU denied that the proposal takes away autonomy from the entities and said that the text is a historic demand from members of these careers because it modernizes the structure of the institution.
“Although they have administrative, technical and financial autonomy in relation to their originating entities, they are legally bound in their relationship with the Attorney General’s Office. Both are therefore subject to superior direction, legal supervision and normative guidance from the Attorney General of the Union”, says the note.
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