The protection PEC that makes it difficult to progress against deputies and senators, including arrest mandates, was approved by the House of Representatives.
The proposed amendment to the Constitution (PEC) that hinders the progress of criminal proceedings against deputies and senators, including the execution of the arrest mandates, was approved on the night of Tuesday 16 September, by the plenary of the Chamber of Deputies, in Brasilia, in two voting shifts.
The basic text, which depended on 308 votes to advance, between 513 deputies, was approved by 353 parliamentarians, in a vote of the first round. Another 134 deputies voted against the bill and there was abstention.
In the second round, around 11:30 pm, about two hours after the first vote, the PEC went with the favorable vote of 344 deputies. There were 133 opposite votes. A question to renounce the interval of five sessions between one vote and another has been approved by a large margin to allow the progress of the matter.
The PEC states that any opening of criminal proceedings depends on the preventive authorization, in a secret vote, on the absolute majority of the Senate or the Chamber. In addition, the forum of the subsidies of the proposal in the Federal Supreme Court (STF) to the presidents of parties with seats in Parliament.
All the highlights to modify the text, including the exclusion of the forum privileged to the presidents of the parties, were rejected in the plenary. After the end of the second round, the deputies were still discussing the salient points to exclude the points from the text.
The call of the PEC shield (PEC 3 of 2021), or PEC of the prerogatives, was articulated by most of the leaders of the Chamber with the support of the opposition led by the liberal party (PL).
The workers’ party bench (PT) recommended the opposite vote, but 12 subtitle deputies voted in favor in the first round. There was also support for PEC among the deputies other basic parties, such as PSB, PSD and PDT. In addition, the benches they govern, like the leaders of the government and most have published their votes in the plenary.
Difficulty
Now the PEC will be sent to the Senate. If you advance between the senators, the judicial proceedings, for improper use of parliamentary amendments or other crimes, you can be tried in the STF with the authorization of parliamentarians. However, he has to face the resistance to the reviewer. The President of the Commission for the Constitution and Justice of the Senate (CCJ), Otto Alencar (PSD-BA), has shown indignation with the initiative.
“The repulsion for the pec armor is printed in the eyes surprised by the people, but the house of representatives strives not to see. I have an opposite position,” he said in a post on social networks. It will be up to the CCJ, chaired by Alencar, analyze both the admissibility of the PEC and its merit. If brought to the plenary, the text will need the vote of 49 between 81 senators.
What has been approved
The text approved in the Chamber is a substitute reported by Deputy Claudio Cajado (PP-BA), who expressed an opinion in favor of the bill.
The proposal allows deputies and senators to bark the arrest of colleagues in secret vote. The defenders of the measure affirm that the proposal is a reaction to what they call the abuse of the power of the Supreme Court (STF) and that the measures restore the original prerogatives provided for in the 1988 Constitution, but which have subsequently changed.
In the conversation with journalists, the staff justified that the text is not an authorization for “bad actions”, but only a “protection” for deputies to play their role without fear of “political persecution”.
“This is not a license for the abuse of the exercise of the mandate, it is a protective shield of the defense of the parliamentarian, the sovereignty of the vote and, above all, respect for the Chamber of Deputies and the Federal Senate,” he said.
The text presented by the rapporteur states that: “From the issue of the diploma, the members of the National Congress cannot be arrested, if not in the act of inapplicable crime, nor criminally processed, without prior authorization on their part”.
In another device, the PEC defines that the decision must be decided “by the secret vote of the absolute majority of its members, within ninety days of receipt of the order issued by the Stf”. The absolute majority means half of the parliamentarians of the respective legislative house plus one.
In the case of arrest for an inapplicable crime, it is necessary to demonstrate, within 24 hours, from the room or the Senate, with a secret vote. The house can suspend the prison with a simple majority which, unlike the absolute majority, requires most of the parliamentarians present to the session and not to the total.
Speaking of the secret vote, the rapporteur Claudio Cajado claimed that the “has never given problems” mode.
“What is the problem with the secret vote? [É] So that everyone has their own consciousness focused on the full exercise of parliamentary activity, “he said.
The rapporteur also justified the inclusion of the party presidents among those who are entitled to the forum by prerogativeing the function and can only be processed by the Supreme Court.
“They are activists in politics. They complete political activity. So any process of them must not be allowed, to be clear. But the forum is also the same as the deputies,” said a staff.
Already against the proposal by stating that the measurement will protect the deputies of the possibility of being pursued and investigated for crimes of any kind, including common crimes, such as corruption and acts of violence, for example.
“This is a demoralization of the Brazilian parliament. The secret vote is returning and the way we will give the legislator to cancel the judiciary, blackmail the manager and make power, par excellence, in the semi-actor.
Source: Terra

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