Rapporteur presents an opinion on the rejection of the Senate Commission Smoke PEC

Senator Alessandro Vieira (MDB-SE) presented the report on Tuesday for the full rejection of the Senate Constitution and Justice Commission (CCJ) PEC (CCJ). The opinion should be analyzed on Wednesday and deals with the proposal approved by the House last week, which restores the need for prior authorization from Congress so that deputies and senators are prosecuted criminally and expands parliamentary prerogatives.

In the document, Vieira states that the measure “configures open doors to transform the legislature into safe shelter for criminals of all kinds” and represents a “deviation of purpose” by using the form of constitutional amendment to protect particular interests rather than the public interest.

The report is on the board’s agenda tomorrow, but if any senator asks for a view, the vote can be postponed.

Senate score

The scenario is of wide rejection of the PEC. Survey of the globe shows that 56 of the 81 senators have already declared themselves opposed, while only six expressed support. Three others said they were undecided, and 16 did not respond. To be promulgated, the proposal would need 49 favorable votes in the plenary, a level considered unreachable in the face of the positions already announced.

At CCJ, the resistance is even clearer. Of the 27 members of the board, 18 have already declared a vote against, among them the rapporteur himself. Only three said they supported PEC and six did not anticipate their positions.

MAIN POINTS OF OPINION

Vieira dedicates part of the report to remember that, between 1988 and 2001, a similar rule was in force, almost 300 requests for investigation against congressmen did not advance due to lack of authorization from legislative houses – only one was approved. For the senator, the proposal “is a gigantic step back” in relation to Constitutional Amendment No. 35, 2001, which extinguished the need for prior license.

The opinion also points out that PEC:

Recreates broad procedural immunity, requiring congressional endorsement for any criminal proceedings against parliamentarians;

Restores the secret vote in deliberations on arrest in the act;

It expands the privileged forum to presidents of political parties with representation in Congress;

Transfers to the Supreme exclusivity to precautionary measures against deputies and senators.

Rejection of amendments

The report also rejects the amendments presented by Senators Sérgio Moro and Carlos Portinho, who were trying to limit the armor to cases of crime against honor or transfer trials to the Superior Court of Justice. Vieira assessed that suggestions do not correct the central problem and would be “useless” in the face of the robustness of immunity already provided for opinions, words and parliamentary votes.

Senate reaction

PEC approval by the House, with 353 votes in favor and 134 contrary, caused a strong repercussion. In the following days, demonstrations in various capitals brought together thousands of people against parliamentary shielding and amnesty to condemned by the acts of January 8, 2023. The pressure accelerated the migration of senators who were undecided to the field of “no”.

Including opposition parliamentarians such as Tereza Cristina (PP-MS), Romário (PL-RJ), Irajá (PSD-TO) and Efraim Filho (Union-PB) announced the opposite position, adding to other names that had already declared rejection.

Next Steps

If approved by the CCJ, the opinion for rejection filed the proposal in the board. Still, any senator may appeal to bring the text to the plenary, provided that it brings together nine signatures. So far, there is no public articulation in this regard.