Chamber: Party indebtedness justifies Amnesty PEC – 05/31/2023 – Power

The Chamber of Deputies told the STF (Federal Supreme Court) that “the high debt situation of the parties” justifies the PEC that establishes the greatest amnesty in history for electoral irregularities committed by the parties.

In 2022 alone, the parties received BRL 6 billion from public coffers. With the support of government and opposition, the so-called Amnesty PEC was approved by the Chamber’s Constitution and Justice Commission, in a first step towards its progress. It will still be evaluated by a special commission and by the plenary.

The processing of the PEC (proposed amendment to the Constitution) was questioned before the Supreme Court by deputy Sâmia Bomfim (PSOL-SP), on the grounds that the proposal encourages circumvention of inclusion measures in Parliament, as it provides amnesty for parties that have not complied with the minimum quota for the transfer of public resources to women and blacks in 2022.

In April 2022, Congress had already approved and enacted a proposal granting amnesty to parties for non-compliance with quotas in previous elections. The rapporteur for the case is Minister Luís Roberto Barroso, who requested a statement from the Chamber.

The Chamber’s lawyers told the Supreme Court that granting amnesty to the parties in 2022 is just a modulation – that is, a temporal adjustment, of the PEC approved last year.

This modulation aims, says the Chamber, “to guarantee the financial integrity and the adequate functioning of the party associations, placing itself, therefore, within the limits of the regular and legitimate choices of the legislator, especially if the principle of electoral precedence is weighed”.

“One cannot lose sight of the fact that the legislative proposal, now opposed, seeks to meet the clamor of Brazilian parties for a longer time to adapt to significant legislative and jurisprudential changes that had a significant impact on party dynamics”, states the Chamber.

According to the House, the indebtedness of the parties or the taking of actions that hinder their functioning can put at risk “the very representativeness of the minorities that one wants to protect.”

Barroso has not yet decided on Sâmia’s request. To be approved in plenary, a PEC needs the support of at least 60% of parliamentarians (308 out of 513 in the Chamber and 49 out of 81 in the Senate), in two rounds of voting in each House. If this occurs, it is enacted and becomes effective, with no possibility of vetoing the Executive Branch.