Abuse of Authority CPI meets resistance from the Chamber

The Parliamentary Commission of Inquiry (CPI) on Abuse of Authority, proposed to investigate excesses practiced by the Judiciary, is encountering resistance in the process of obtaining support from political leaders in the Chamber of Deputies. It runs the risk of not being installed again, as it already happened at the end of last year.

Deputy Marcel van Hattem (Novo-RS), author of the request for the creation of the CPI, told the People’s Gazette that runs out of time to get the 27 signatures of parliamentarians that are missing to complete the 171 required by the Internal Regulations of the Chamber and the Federal Constitution (1/3 of the total number of deputies in the legislature). The deputy stated that he is not managing to convince many colleagues of the importance of the CPI.

According to Deputy Marcel, contrary to what happened in the last legislature, when the CPI’s request found broad support from parliamentarians, obtaining 181 signatures in just 48 hours, this time convincing is more complicated. “It has been a little more difficult, it had the priority of the CPMI on January 8, not least because of the wide repercussions that the case generated, but we are succeeding little by little, as new facts emerge”, added the deputy.

One of these new facts was the search and seizure warrant granted by STF Minister Alexandre de Moraes against Senator Marcos do Val (Podemos-ES) last Thursday. The Senate is today practically the only institution that could contain possible abuses by the STF.

For Van Hattem, the operation of the Federal Police, this time against a senator of the Republic “was yet another absurdity committed by the Judiciary, and which shows the urgency of investigating these acts”.

For deputy Adriana Ventura (Novo-SP), many even agree with the CPI on Abuse of Authority, but are afraid. “Fear of reprisal, whether from the Executive, Judiciary or the party leader himself”.

Marcel van Hattem recalls that last year the application met all the requirements for the installation of the CPI – signature of 1/3 of the parliamentarians, determined fact and deadline. But the request ended up filed due to the end of the parliamentary term.

The Chamber’s Internal Regulations allow only five Parliamentary Commissions of Inquiry (CPIs) to function at the same time. Currently, four other committees are already installed in the Chamber, in addition to the Joint Parliamentary Committee of Inquiry (CPMI) of January 8, which, as it includes deputies and senators, does not prevent the fifth committee of deputies only.

Opposition also considers mixed commission to investigate abuses of justice

The mayor, Arthur Lira (PL-AL) even justified the filing of the CPI on Abuse of Power in 2022, claiming lack of time. Lira also suggested that instead of a Chamber CPI, opposition and independent parties seek signatures for the installation of a CPMI, with the participation of deputies and senators, which would encounter fewer obstacles for installation and greater effectiveness.

The alternative is not ruled out by deputy Marcel van Hattem. “There are those who understand that a Joint Parliamentary Commission of Inquiry (CPMI) would be better, and if it is carried out, they will sign the request”, said the deputy to Gazeta do Povo.

According to Van Hattem, there is a movement in this direction, but to consider this alternative it would also be necessary to guarantee 27 signatures in the Federal Senate.

Deputies who once supported CPI are now undecided

Deputy Fábio Schiochet (União-SC) is an example of a parliamentarian who signed the request for the installation of the CPI on Abuse of Authority last year, but it has not yet been decided in this legislature.

For him, “it will be a stillborn CPI”. Schiochet said that he is still analyzing the issue, but considers that the Senate has greater autonomy in relation to the Judiciary.

He recalls that the Senate is responsible for questioning ministers appointed to the Federal Supreme Court, as is happening now with the appointment of Lula’s lawyer, Cristiano Zanin, to the Supreme Court.

Deputy Nelsi Coguetto Maria, oVermelho (PL-PR) said he had doubts about the effectiveness of a Joint Parliamentary Commission of Inquiry to investigate abuses committed by the Judiciary. “The CPMI of January 8 is not working,” he said. He is still evaluating whether he will sign the CPI application, as he did in the last legislature.

Deputy Carlos Chiodini (MDB-SC) has already decided that he will not sign the application. “It turned into a binge of CPIs, Brazil already has five commissions working, it doesn’t need more”.

Chamber may understand that abuses should be discussed in the sphere of Justice

For political scientist Cristiano Noronha, from Arko Advice, it is unlikely that the CPI on Abuse of Authority will be installed now. “On the one hand, you have the government, and on the other, Lira and also Pacheco adopt a more cautious posture in relation to the powers that be”, he says. “I don’t see the political and institutional environment for this CPI to prosper, it is not the intention of most parliamentarians”, he adds.

Noronha stated that in the current composition of the Chamber of Deputies there is a “more peaceful relationship” between the powers of the Republic. “You don’t have such scathing, so voracious criticism like before”. In addition, the analyst said that many who made tougher questions to the Judiciary today respond to lawsuits.

Deputy Otoni de Paula (MDB-RJ), for example, is the target of accusations of insult and defamation against Alexandre de Moraes. In June 2020, in response to the breach of his banking secrecy by the minister of the STF and president of the TSE, in the investigation of anti-democratic acts, the deputy said, in a live broadcast on social networks, that, with the measure, Moraes “is still disgusted society more”.

He then became the target of a lawsuit for insinuating that Moraes would not act impartially and impartially.

“I have nothing to fear. I don’t have my tail tied up, I’m not a bandit. Now I don’t know if Minister Alexandre de Moraes’ banking secrecy is broken if he can have the same peace that I am having now”, said the deputy at the time.

Another recent target of justice was the president of the CPI of the MST, deputy Lieutenant Colonel Zucco (Republicanos-RS). Last month, Minister Alexandre de Moraes ordered the Federal Police to investigate Zucco for allegedly “sponsoring and encouraging anti-democratic acts” in Rio Grande do Sul. At the end of last year, the deputy posted phrases in support of the demonstrations against the election of Luiz Inácio Lula da Silva (PT) on his social networks.

In Noronha’s assessment, analyst Arko Advice, even if you get the 171 signatures necessary for creation, the CPI on Abuse of Authority could run into a legal issue. “There is an understanding that court decisions should be challenged in due process of law.” Still according to Noronha, there is a possibility that the Board of the Chamber will not admit the CPI.

Van Hattem bets on a petition to create popular pressure and approve CPI

While trying to convince parliamentarians of the importance of the CPI on Abuse of Authority, Van Hattem is also seeking support from voters. The New Party created a petition to make the population pressure the deputies who still haven’t manifested themselves on the CPI.

According to Deputy Van Hattem, more than 500,000 signatures have already been collected, which shows how society sees the decisions taken by the STF and TSE.

“What we are seeing there is an unprecedented mobilization against abuses, as we saw in Porto Alegre and Curitiba. I believe that this mobilization will not take long to reach the Chamber of Deputies”, he said, referring to demonstrations in support of Deltan Dallagnol. The former Lava Jato prosecutor had his candidacy record revoked by the Superior Electoral Court, which led to the loss of his mandate in the Chamber of Deputies.

The TSE understood that Dallagnol would have disrespected the Clean Record Law by asking for dismissal from the position of attorney to avoid possible Disciplinary Administrative Proceedings, without any process under analysis, and for this reason the decision was questioned by jurists. Ives Gandra Martins said that the Judiciary invaded the competence of the Legislative.

Deputy Dallagnol, in his defense, also added that the TSE created an “imaginary ineligibility” by assuming that there could be inquiries against him in the future, and said that the decision of the electoral justice was “political persecution”.

Commission articulation has to move quickly because the Chamber can only have one more CPI

To be installed as the fifth Parliamentary Committee of Inquiry of the House, the CPI on Abuse of Authority needs to meet the legal requirements and still come out ahead of another possible request for the creation of a committee.

Legislative consultant Deborah Wajngarten works in the area of ​​Criminal Law, Criminal Procedural Law and Parliamentary Investigative Procedures of the Chamber of Deputies. She explains that every request for a CPI to be installed in the House must have a deadline of 120 days, extendable for up to 60 days; signature of 1/3 of its members, and determined fact – event of relevant interest to public life and the constitutional, legal, economic and social order of the country.

It can be installed if these requirements are met and if the maximum operating capacity of five simultaneous CPIs in the Clearinghouse has not been reached.

The consultant explains that “it is up to the Board, after reading the application in plenary, to install a CPI.” But there is no rule to determine which CPI should be installed first.

But, when a CPI ends, another one can be installed in the same legislature, as long as the number of simultaneous commissions does not exceed five. The limitation aims to maintain the correct functioning of the other permanent and temporary committees of the House and to relocate servers.

Currently, the MST CPI is in operation in the Chamber, to investigate the performance of the Landless Rural Workers Movement (MST) and its financiers, the CPI das Americanas, to investigate the inconsistencies of R$ 20 billion in the accounting balance sheets of Lojas Americanas ; the Football CPI, to investigate allegations of match-fixing in professional football matches in Brazil, installed on May 17; and finally the CPI of the Financial Pyramids, to investigate evidence of fraud in the operation of companies to obtain profits with Cryptocurrencies, installed on June 13th.