The main parties and leaders of opposition to President Jair Bolsonaro (no party) were divided in the Plenary of the Chamber of Deputies during the vote on the bill that determined the expansion of the National Council of the Public Ministry (CNMP) from 14 to 17 seats, this afternoon Wednesday (20). Deputy Paulo Magalhães’ (PSD-BA) substitute for the Constitution Amendment Proposal (PEC) 5/21 obtained 297 favorable votes against 182 and 4 abstentions, but 11 votes were lacking to obtain the minimum necessary support, from 308 deputies.
Parliamentarians in favor of the proposal argued that it is necessary to improve the control system of the Public Ministry. According to them, the CNMP does not properly punish members who commit infractions. In recent years, the disclosure of the dialogues of the Lava Jato operation prosecutors caused great dissatisfaction on the part of civil society and the Legislature, which saw in the text an opportunity to have more influence on the MP’s activities.
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Congressmen against the bill said that the PEC is an attack on the independence of the body, a principle guaranteed by the Constitution. Autonomy would be threatened by the appointment of the national magistrate by Congress and by the possibility of reviewing acts by the Council. Click here and see how each deputy voted in PEC 5.
Among the opposition acronyms, the PT and the PCdoB almost fully supported the proposal. The PDT, the PSB and Cidadania had the most votes against, while the PSOL had its eight federal deputies against the text. Deputies linked to the left, such as Marcelo Freixo (PSB-RJ), Alessandro Molon (PSB-RJ) and Ivan Valente (PSOL-SP), voted against the approval of the proposal. Glauber Braga (PSOL-RJ) used Twitter on Wednesday night (20) and told his followers that he was in favor of PEC 5/2021, but that he voted against it because he followed PSOL’s guidance.
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“I was voted out in the PSOL bench and I accept the majority orientation. PEC 5 is not a structural change, with popular control, etc… But it is a small response to the MP as an arm of the penal-punitive system and all the economic disaster it caused. I don’t revolt if it’s approved”, shot Braga.
I was voted defeated in the PSOL bench and I accept the majority orientation. PEC 5 is not a structural change, with popular control, etc… But it is a small response to the MP as an arm of the penal-punitive system and all the economic disaster it caused. I don’t revolt if it passes.
— Glauber Braga (@Glauber_Braga) October 20, 2021
During the week, social organizations such as Apib (Association of Indigenous Peoples of Brazil) also declared their opposition to the text due to an alleged possibility of interference by the Legislature in the Public Ministry. The main union entities and popular organizations did not disclose public positions on the subject.
For a democratic and fair Brazil: No to PEC 5!
APIB expresses solidarity with the Public Ministry, whose performance is being threatened with political interference if the National Congress approves the PEC 5/21
Read note: https://t.co/b8k7FyJ24Z pic.twitter.com/56vdUQYbDv
— Official Apib (@Official Apib) October 19, 2021
Among the artists and personalities, singers Daniela Mercury and Alcione, actress Bruna Lombardi, ex-BBB Juliette, in addition to other artists and personalities, joined the group that opposed the approval of the PEC. Others, such as singer Caetano Veloso and actor José de Abreu, campaigned in favor of the text.
In a statement sent to the Brazil in fact, Manoel Murrieta, president of the National Association of Members of the Public Ministry (Conamp), celebrated the result of the vote: “Members of the Brazilian Public Ministry thank the Chamber of Deputies for the vote that rejected PEC 5. We thank the parliamentarians who heard our arguments and they had confidence in our institution. It is also important to thank civil society, which engaged in the debate and brought arguments to the Casa do Povo.”
“In the end, we had a result of recognition and trust in the Public Ministry. It is important to say that this result excites and encourages us to fulfill our constitutional role defined in 1988. Thus, the Public Ministry will continue to be strong and defend society in the best way possible. for the growth of Brazil”, declared Murrieta.
Deputy Paulo Teixeira (PT-SP) attributed the rejection to what he called the “propaganda machine” against the proposal. “Perhaps deputies did not feel encouraged to vote. There were 11 votes less and I believe that new rounds will be able to mature a new text capable of improving the control of the Public Ministry”, he said.
For him, there was a “national climate” against the proposal without taking into account the changes made by the rapporteur, deputy Paulo Magalhães. “The Public Ministry advertised that text that no longer existed and this creates a national climate against the PEC”, he said.
With the result, the Plenary must now analyze the original text of the PEC presented by Paulo Teixeira, which maintains the composition of the CNMP in 14 members but ends with the natural vacancy of the Public Ministry of the Federal District and Territories. Instead, the Chamber of Deputies and the Senate will elect one more councilor, who must be a member of the Public Ministry. The national magistrate of the Public Ministry may come from outside the Public Ministry. The new vote is not yet scheduled.
There were 11 votes to approve the vote of the PEC 5 rapporteur. An important debate was opened. Next week we continue the discussion of the original PEC.
— Paulo Teixeira (@pauloteixeira13) October 21, 2021
Inspector: controversial point
The choice of the magistrate was one of the most controversial points in the substitute vote. The rapporteur, Deputy Paulo Magalhães (PSD-BA), defended that the magistrate should be elected by the Chamber and the Senate, from a list of five attorneys general or former attorneys general of Justice, from the public prosecutors of the states.
For him, the change would add a democratic element to the council’s performance. “The participation of the National Congress in the composition of State bodies is traditional in our constitutionalism. Functional independence is not unrestricted, since the member of the Public Ministry must respect the Constitution and its laws”, argued Paulo Magalhães. “Every public agent is subject to control, so that all power is exercised in the name of the people and with respect for the collective interest,” he added.
Deputy Hildo Rocha (MDB-MA) questioned the choice of the national magistrate of the Public Ministry by parliamentarians. “In the Constitution there was no idea of the Legislative Power controlling the Public Ministry. On the contrary, the idea was to make the Public Ministry autonomous to combat irregularities.” Deputy Henrique Fontana (PT-RS) praised the new rite for choosing the inspector. “The 513 deputies are a more qualified electoral college to choose an independent magistrate than if it were chosen by only 14 people. We cannot have a CNMP specialized in protecting the corporation, nor an internal magistrate to attack it,” he pondered.
Edition: Vivian Virissimo