Deputies evaluate alternative to administrative reform with new PEC

Faced with the resistance of President Luiz Inácio Lula da Silva (PT) and the government base in supporting an administrative reform, some opposition parliamentarians are starting to think of alternatives to unlock the debate.

One of the ideas, presented by federal deputy Kim Kataguiri (União Brasil-SP), seeks to focus on proposals to end what he understands as “privileges” of some sectors of civil service, especially in the Judiciary, the Public Ministry and the Legislature, including politicians as well.

Three amendments on the subject were presented by the deputy, in the course of the Proposed Amendment to the Constitution of the administrative reform (PEC 32/2020), which is locked in Congress. The parliamentarian’s objective is to reintroduce these “anti-privilege amendments” as a new PEC, which should be filed in the Chamber this week, as he informed the People’s Gazette.

Kataguiri says that, if the measures are approved, the estimate is of savings of at least R$ 15 billion to the public coffers – which would be viable only with the end of payments of benefits that result in salaries above the official ceiling.

As Congress approved and President Lula sanctioned a law that increases the salary of Judiciary employees by 6% annually between 2023 and 2025, the savings could be even greater. “The salary increase increases the trinkets as well and could generate greater savings”, comments Kataguiri.

The deputy assesses that it is possible to obtain support not only from the opposition to Lula, but also from the government base, since, as he points out, the left discourse to oppose the administrative reform is that it penalizes the functional base.

Kataguiri’s political calculation is that, by proposing the fight against privileges, it is possible to reach a majority to discuss some type of administrative reform. For this, he has already initiated contacts with other parliamentarians to discuss the matter and understands that he has support for the undertaking.

Congressman Mendonça Filho (União Brasil-PE) does not have in-depth knowledge of the wording of the amendments proposed by Kataguiri, but he says he is in favor of the debate. “From a conceptual point of view, I think that administrative reform is indeed necessary”, he analyzes. “Obviously, any proposal that aims to combat privileges, end abuses and make access to public service and service to the population more democratic is better”, he points out.

Combating “privileges” is well regarded, but difficult to pass in Congress

Federal deputy Zé Vitor (PL-MG) understands that the discussion has popular appeal and can “gain body” within the Chamber. “I think this could catch on, it would be a first step in a reform [administrativa]because we are not talking about changing the basis of functionalism”, he analyzes.

The parliamentarian cites PEC 32/2020 and says that the debate championed by Kim Kataguiri needs to be provoked to gain repercussions. He understands that the agenda would have the support of the opposition to Lula, including in the PL bench and highlights that there is a point of “distortion” and some excesses in public service that Parliament can correct.

Zé Vitor points out, however, that the proposal does not constitute a true administrative reform. “It’s a new subject and, in a way, it’s not a reform, which is a much bigger discussion, but rather an administrative adjustment. But it would certainly have our support and I think it has more chances of succeeding”, he points out. .

Federal deputy Gilson Marques (Novo-SC) endorses that it would not be possible to call this proposal an administrative reform and, although he is in favor of the debate and a deep cut of public machine expenses, he assesses that there is little chance of the discussion on the theme moving forward due to state corporatism.

“This would have consequences for the entire Judiciary. The highest level of the Judiciary is the STF [Supremo Tribunal Federal]. How do you make an administrative PEC to the ministers of the STF and STJ [Superior Tribunal de Justiça]? I think it’s a pretty big dream.”

Another factor that leads him to foresee difficulties for the matter is the possible lack of support from the government. For Marques, this would not be a proposal to be seen with “good eyes” by the government either”. [gastos]”, it says.

Deputy do Novo understands that administrative reform was never an agenda of the PT government and that it cannot succeed. He also regrets not seeing civil society support for the issue. “Voters and majority-elected candidates have no interest in that,” he laments.

What are the proposals of the “anti-privilege amendments”

The “anti-privilege amendments” under discussion in the Chamber of Deputies aim to end a series of advantages for some civil service careers. One of them prohibits vacations of more than 30 days to any civil servant and public employee, including occupants of typical state positions and elected officials – that is, it would also affect politicians with a mandate.

The idea is also to bar a series of devices that do not guarantee equality with private sector workers, such as: additional payments related to length of service; increase in remuneration or compensation installments with retroactive effects; the reduction of working hours without the corresponding reduction of remuneration; compulsory retirement as a form of punishment.

Two other amendments presented by Kataguiri are aimed at members of the Judiciary and the Public Ministry. One of them allows the Federal Executive and the National Congress to regulate on the new Statute of the Judiciary. The Constitution provides that only the Federal Supreme Court (STF) is responsible for doing this, via a supplementary bill. However, the deputy’s justification recalls that this was never done.

Another amendment focused on the Judiciary provides that vacations cannot exceed 30 days a year and cannot be accumulated, “except for duly justified imperative needs of the service”. The proposal also suggests that higher court ministers work in at least one of the periods of collective recess.

The amendment also prohibits and extinguishes any perception of remuneration or compensation for vacations that exceed 30 days per year, or for leave, vacation or leave due to length of service, involving the receipt of resources without work, such as premium leave. , bonus vacation or leave-of-attendance, among other benefits provided for in federal, state or municipal legislation.

Why administrative reform was not approved

The administrative reform, presented in PEC 32/2020, stalled in the Chamber in 2021 due to the proximity of the elections and the resistance of the political base of the then president Jair Bolsonaro (PL) in approving the matter. A sizable portion was made up of members of public safety who were willing to vote against it.

To mitigate the impacts on security careers, an amendment was introduced to exclude future security agents from the prohibition of benefits and privileges. Another amendment was proposed to establish a series of benefits and specific rules for security careers, as a guarantee of promotion while the police officer is in temporary position.

But even with the amendments to the text presented, a considerable part of Bolsonaro’s base was still opposed to approval. No wonder People’s Gazette reported that the government was warned that a favorable vote would cost R$ 20 million in amendments to the “secret budget” for each congressman.

PEC 32 changes rules such as stability and the legal regime for civil servants. According to the text, stability is restricted to typical state careers, such as diplomats. The proposal was approved by 28 votes in favor and 18 against in a special committee, but it was never voted in plenary. Depending on the will of the Lula government, it is unlikely that it will go ahead.

In a nod to public servants, the government undertook to articulate, with Congress, the withdrawal of the proposed administrative reform from the agenda of discussions in the Legislative. The gesture was made in the midst of negotiations and the resistance of federal employees to comply with the 7.8% salary increase. Recently, at a dinner with businessmen, the Minister of Finance, Fernando Haddad, also signaled that the matter will not be one of the priorities of the Lula administration.