Amnesty PEC passes the CCJ and advances in the Chamber – 05/16/2023 – Power

The Constitution and Justice Committee of the Chamber approved this Tuesday (16) the Amnesty PEC, a proposed amendment to the Constitution that promotes the greatest pardon in history for political parties.

Supported by a large majority of parties, including government leaders, José Guimarães (PT-CE), and opposition leaders, Carlos Jordy (PL-RJ), the proposal received the endorsement of 45 commission deputies, with 10 votes against.

In the session, only deputies Chico Alencar (PSOL-RJ), Sâmia Bomfim (PSOL-SP), Tarcísio Motta (PSOL-RJ), Kim Kataguiri (União-SP), Adriana Ventura (Novo-SP) and Gilson Marques (Novo -SC) spoke out against it in their speeches.

The PT of Luiz Inácio Lula da Silva and the PL of Jair Bolsonaro were in favor, in the speeches of the deputies Gleisi Hoffmann (PT-PR), national president of the party, and Éder Mauro (PL-PA).

Some other parliamentarians had signed up to speak, but did not show up for the session in time, such as Jordy and the former coordinator of Operation Lava Jato, Deltan Dallagnol (Podemos-PR).

The CCJ is the first step in the process and, in theory, only analyzes the constitutionality and legality of the measures. Now, a special commission will be installed, the last step before the plenary vote, which needs the vote of at least 308 of the 513 parliamentarians.

In her speech, Gleisi Hoffmann defended the party from criticism for supporting the measure even though it has historically been in favor of gender and race quotas.

The national president of the PT said that the party reaffirms its commitment to the policy of quotas and that it will present amendments to the project in the special commission and in plenary.

“In the discussion of the content, we will be able to improve the text a lot”, he said, proposing, among other points, that parties lose seats in the Legislative if they do not meet the quotas.

In defense of the proposal, she stated that the Superior Electoral Court would be applying unenforceable fines to the parties and that there are no clear rules on the use of public funds transferred to the parties.

As shown to Sheet this Tuesday, the Amnesty PEC has caused internal embarrassment in the party for contradicting flags raised by the PT.

An example in this sense emerged during the session. Shortly after the party’s national president spoke at the CCJ in favor of the PEC, the PT website published a note of repudiation of the proposal prepared by the National Forum of Instances of Women of Political Parties.

“Once again, the patriarchal system comes together to consolidate fraud against gender quotas. (…) This is the purpose of PEC nº 09/2023: to consolidate, election after election, non-compliance with legislation and case law that guarantee political rights to women”, says an excerpt from the note.

In his speech, Tarcísio Motta said that the party will continue trying to stop the proposal. “The PSOL rebels against this PEC, which is shameful for the Brazilian Legislature. We will vote against it here and we will continue against it in all possible spaces”. Sâmia stated that the party will go to court against the PEC.

“This PEC is a disgrace, a mockery, it is to offend the population”, stated Kim Kataguiri. “It is the worst proposal being voted on by this National Congress in this legislature or even in the last Legislature. I have never seen such a horrible, lurid, hypocritical business.”

To enter into force, the PEC must also be approved by the Senate. In that case, it goes to promulgation, without the possibility of veto or presidential sanction.

The approved PEC has only three articles.

The first extends the amnesty to parties that have not met the minimum quota for transferring public funds to women and blacks to the October 2022 dispute.

In April 2022, Congress had already approved and enacted a PEC granting amnesty to parties for non-compliance with quotas in previous elections.

The second article establishes that “sanctions of any nature shall not apply, including the return and collection of amounts, fines or suspension of the Party Fund and the Special Campaign Financing Fund, on the rendering of accounts for the financial and electoral period of the political parties that prior to the enactment of this amendment to the Constitution”.

In other words, once the PEC is approved, the analysis by the Electoral Justice of the parties’ accounts regarding the application of public money in their day-to-day activities and in elections would be practically innocuous.

As shown to Sheet, in the last party accounts judged alone, the TSE (Superior Electoral Court) ordered the return of R$ 40 million to the public coffers. Among other irregularities pointed out, is the purchase of a plane and almost four tons of meat by a legend, the extinct Pros (incorporated to Solidariedade).

In all, the TSE disapproved 19 of the 2017 party bills and approved the other 16 with reservations.

The third article of the PEC allows parties to receive business money again “to settle debts with suppliers contracted or assumed until August 2015”, when the STF (Federal Supreme Court) prohibited the financing of companies to parties and candidates.