Lira has no plan to accelerate the “anti-STF” package in the Chamber

The President of the Chamber, Arthur Lira (PP-AL) does not intend, for now, to speed up the processing of projects that limit the actions of the Federal Supreme Court (STF). He is still in Alagoas, the state where his electoral base is and where he dedicated himself to supporting the candidacy of allies. Last Wednesday (9), the Constitution and Justice Commission approved two constitutional amendment proposals and two projects that reach the STF.

According to people close to her, Lira will only return to the federal capital next week and, so far, has not given any indication that she will encourage a quick vote on the agendas approved by a large majority in the CCJ with the support of Centrão members. The president of the Chamber, reports an assistant, has already expressed concern about one of the approved PECs, which gives Congress the power to annul Supreme Court judgments. But it continues without taking a position on the other proposals.

The second PEC voted on at the CCJ imposes restrictions on the monocratic decisions of STF ministers, a measure that is defended by a good number of congressmen, including the president of the Senate, Rodrigo Pacheco (PSD-MG). This PEC has already been approved by the legislative house chaired by the senator from Minas Gerais and was blocked for almost nine months until it was sent for consideration by the CCJ.

So far, Lira has delayed the consideration of the proposals as much as possible. The PEC approved by the Senate arrived at the Chamber on December 6, 2023. It remained at the Board’s direction until August 19 of this year. In other words, it was stuck for almost 8 months. The second PEC, which authorizes Congress to overturn STF decisions, was originally presented in the Chamber by deputy Reinhold Stephanes (PSD-PR) in July this year. It went to the CCJ on the same day as the other PEC.

The two projects were handed over to the commission chaired by Bolsonaro deputy Caroline de Toni (PL-SC) at a time when Minister Flávio Dino, from the Supreme Court, issued decisions blocking amendments to the Budget. The gesture of taking the proposals out of the drawer was interpreted as retaliation.

Among Lira’s allies, the explanation of how the issue has been dealt with in the Chamber shows that the timing of the proposals’ processing follows a “political speed”. In other words, the projects are seen as Congress’s trump card in the clash with the Judiciary over the right of parliamentarians to continue calling the shots in the transfer of Union resources through amendments to the Budget.

The processing of the proposals is also compromised by the electoral calendar. The second round of municipal elections is scheduled for October 27th. Until then, there would be no safe quorum to guarantee approval of controversial measures. There is still a dispute on the table for Lira’s position, who will leave the presidency of the Chamber at the beginning of next year.

“It’s all a political game to try to define the presidency of the Chamber”, says Fausto Pinato (PP-SP). He was one of the members exchanged in the CCJ by Lira’s PP, to guarantee the approval of projects linked to the agenda of former president Jair Bolsonaro (PL).

The PL is the party with the largest number of deputies in the Chamber – there are 92. The number of supporters of Bolsonarist agendas in the Chamber is estimated at between 140 and 150 of the 513 parliamentarians. “If the government doesn’t join the parade, what will the deputies do? It is easier to follow the internet so as not to lose votes”, concludes Pinato.

Government officials say they are optimistic that they can prevent the proposals from being processed. According to these deputies, overturning the texts in the CCJ would be more costly than in the special committees and in the plenary.

According to Hélder Salomão (PT-ES), who participated in the negotiations at the CCJ, the agenda is intense until February next year, when Lira will succeed as president of the Chamber. “We have doubts whether this will prosper and be considered in the plenary. We are at a delicate moment, with a second round, succession of Lira. All of this makes it difficult for these matters to thrive”, he states.

If the initiatives prosper, he assesses that it is possible that the STF itself will overturn the proposals. “If this ultimately happens, we have already denounced the unconstitutionality of these matters”, he says.

Negotiations will take place at the college of leaders. PT members want to intensify dialogues to overturn the proposals next week, but this depends on whether Lira himself will call sessions or not.

Government deputies want discussions to take place in the coming days, while Centrão parliamentarians say that the Chamber should only resume activities at the end of October, after the second round. There is still no definition as to when there will be a new agenda in the House.

In this way, pressure on the government increases. In Congress, the Budget Guidelines Law (LDO) still needs to be voted on this year, which awaits the definition of the amendment agreement, and the Annual Budget Law Project (PLOA). There is still the possibility that the Chamber will vote on complementary tax reform projects if the matters return from the Senate.

The leader of the Union in the Chamber, Elmar Nascimento (União-BA), has already made nods to the government. The day before the vote on the package that affects the STF, his party guided the obstruction of the bill that deals with amnesty for those arrested on January 8th.

Elmar is one of the candidates for the presidency of the Chamber. A few months ago, he was the favorite and had the support of Lira, whom he calls a friend, but he ended up seeing the president of the House pass him over to support Hugo Motta (Republicanos-PB), a name considered more consensual, with few dislikes .

The package that reaches the Supreme Court involves two proposed amendments to the Constitution (PEC) and two bills. One PEC wants to limit monocratic decisions (taken by a single minister) and the other would give Congress the power to suspend a Supreme Court decision. The two other propositions increase the possibilities for admitting an impeachment process against a judge.