Government tries to delay defeat of decrees against sanitation framework

Although there is a possibility that the government will suffer another defeat, its leaders are determined to use all available options to try to keep in the Senate the two decrees issued in April by President Luiz Inácio Lula da Silva (PT) to empty the Sanitation Framework. With the objective of at least delaying the approval by the senators of the Draft Legislative Decree (PDL) 98/2023 – already approved in the Chamber and which suspends the effects of these measures -, the government supporters are betting on public hearings with ministers, protests to the plenary and even issue of a provisional measure.

The Lula government’s insistence challenges even the president of the Senate, Rodrigo Pacheco (PSD-MG), its constant ally, who already foresees a plenary vote on the PDL (a Congressional resource capable of immediately halting Executive acts) and even the approval by the end of the month. “Decrees cannot supersede a law”, defended Pacheco, on Monday (8), during an event with businessmen in the capital of São Paulo. Lula’s changes to the Sanitation Framework favor state and municipal companies in the sector.

The text of the legislative decree, authored by deputy Evair Vieira de Melo (PP-ES), was quickly approved by the Chamber last Wednesday (3) and will begin to be evaluated by senators initially in the Infrastructure Commission (CI), chaired by by Confucio Moura (MDB-RO). After being approved by the collegiate, it will go to the plenary of the Senate and, if approved, will come into force afterwards.

Confúcio Moura did not take a position on the PDL, but he wants to appoint the rapporteur for the matter later this week to speed up the progress of the measure. On the other hand, the base senators’ first strategy will be to try to delay the project as much as possible and one of the most traditionally used ways to gain time in committees is to request public hearings.

Planalto summons ministers to pressure in favor of the decrees

The leader of the government in Congress, Senator Randolfe Rodrigues (Rede-AP), declared that the Planalto wants to dialogue with the opposition through its parliamentarians and ministers. For this, the ministers of Cities, Jader Barbalho Filho (MDB), and Regional Development, Waldez Góes (PDT), are expected to come to the Senate in the coming days to put pressure on the PDL. Still no set date, they will be heard in a public hearing of the Environment Commission (CMA), chaired by Leila Barros (PDT-DF), to discuss the Sanitation Legal Framework.

The leader of the government in the Senate, Jaques Wagner (PT-BA), is waving a legislative solution to circumvent the likely confirmation of the setback of Lula’s decrees in the Chamber. He stated that the President of the Republic may issue a provisional measure to rescue the stretches that face resistance, if he considers their maintenance to be important. “The fact that the legislative decree was approved by the deputies does not mean a real change, since the biggest complaint is in the format of the decree”, he observes.

The opposition, in turn, already hopes to repeat in the Senate the same expressive result of the vote in the Chamber, where the PDL was approved with a large margin, with almost all leaders guiding its approval. Only the leaders of the government and of the two left-wing party federations, headed by PT and Psol, advised against it. In the face of this, government deputies ended up isolated. The result was 295 votes in favor of the project against Lula’s decrees and 136 against.

“The annulment of the measures edited by the president will be a defeat for the government that wants to legislate by decree, disrespecting Parliament. The project will be voted quickly and, thus, we will overturn the measures that harm basic sanitation in the country”, said Senator Jorge Seif (PL-SC). The senator observes that private investments are threatened by Lula’s decrees. They reach R$ 45 billion, an amount well above the R$ 10 billion indicated by the government in the Union Budget.

Government says it opposes Congress decision to defend small municipalities

Analysts and politicians believe that senators will fully follow the decision of the Chamber and should suspend devices of Lula’s decrees that regulate the sanitation framework, which revoke other regulations published in 2020 and 2021.

Defenders of the Legislative Decree Project (PDL) argue that it protects contracts threatened with extinction and restores the autonomy of Congress.

On the other hand, supporters of Lula’s acts claim that they benefit small towns that are not in the interest of private concessionaires. The acts signed by the president expand the power of state-owned companies at the national level to guarantee the universalization of basic sanitation until the next decade.