Janja charges, and Lula hesitates to create a position for the first lady – 02/05/2023 – Politics

On January 24, First Lady Rosângela Lula da Silva, known as Janja, was surprised by the lack of a position reserved for her in the newly designed structure for the Presidency of the Republic.

From Buenos Aires, where she was part of the presidential delegation in Argentina, Janja called Brazil and questioned members of the government about this lack of function within her husband’s office.

Back in Brasilia, the first lady demanded explanations, according to reports obtained by Sheet.

Informally consulted about the legal viability, assistants of President Luiz Inácio Lula da Silva (PT) presented reservations to the designation of a position for Janja under penalty of being characterized as nepotism.

Still during the government’s transition period, there was discussion about the team that would support Janja and also the legal aspects of creating a position. Even if without remuneration, the creation of a special secretariat with a team subordinate to it —as it was even suggested— could require the approval of a project in the National Congress.

No wonder, the MP (provisional measure) that was sent to Parliament on January 1 did not provide for any specific post for the first lady.

To interlocutors, Janja confessed her annoyance, asking if she would have to tear up her marriage certificate to carry out a political activity in Brazil.

In February, in Lula’s anteroom, she approached the chief minister of the Civil House, Rui Costa, to contest the restrictions imposed on the creation of that function. Also according to reports, Costa recalled being an economist and said that the Minister of Justice, Flávio Dino, who was sitting next to him, would understand the matter.

Contrary to the assessment of Esplanada’s colleagues, Dino was in favor of writing a decree allowing her to carry out voluntary work within the Presidency. The Minister of Justice even presented a study to the First Lady.

In March, information was released that Janja would head an office for Strategic Actions in Public Policy. The first lady published a photo on social media with Minister Esther Dweck (Management) and said in the caption that the meeting served to “referrals on the creation” of the cabinet.

With Dino’s legal endorsement, Dweck sketched a structural design in which Janja’s office would be linked to Lula’s personal office and there would be a reallocation of positions, that is, no new position would be created from a budgetary point of view.

However, according to reports from those who follow the matter closely, members of the Civil House and AGU (Advocacy General of the Union) told Lula that, even if the first lady did not receive a salary, the fact that she was appointed to a structure at the Plateau, would make her, in practice, a civil servant.

This means that it would be exposed and subject to investigation by control bodies, such as the TCU (Union Court of Auditors), CGU (Union Comptroller General), the Justice itself —without having a privileged forum—, in addition to being able to be summoned to speak in Congress.

According to allies, these were the arguments that led Lula, around 15 days ago, to suspend, even if temporarily, the plan to create a cabinet for women.

The president’s fear is that opponents will use the figure of the first lady to attack him, at a time when Congress opens a series of CPIs that could target government actions.

In addition, there is fear on the part of Lula that the woman will be excessively exposed and become the target of judicial investigations.

Even without a definition, Janja plays a decisive role in the Lula government. From Beijing, he spoke directly with the chief minister of Secom, Paulo Pimenta, about the impact of taxation on imports.

During his conversation with the minister, Lula passed the phone to his wife, recommending that she be heard about the tax levy. According to reports, Janja claimed that the measure would affect the president’s constituency, among them the poor and influencers.

On Wednesday (19), the Sheet sent Secom questions about the formatting of this structure, including its legal aspects, but received no response.

An expert in administrative law, Marilene Matos says that, applied literally, the legislation would prohibit Janja from participating in technical meetings without her occupying a formal role.

According to the lawyer, the binding summary of the STF (Federal Supreme Court) that defines the practice of nepotism does not apply to appointments to positions of a political nature. Non-remuneration would also rule out this typification.

Marilene Matos also states that, in public administration, new structures are not created by decree. They depend on approval by the National Congress, as is the case with the provisional measure that establishes the new configuration of the Esplanada dos Ministérios.

But cabinets can be formatted by relocating advisors from within the pre-existing structure. She points out that, in addition to specific legislation, there are principles that govern public administration, such as efficiency, impersonality and morality.

“The president’s power is not unlimited,” he says.

Mariana Chiesa, doctor in state law from USP and professor at FGV, says that the legislation and the understanding of the STF rule out the incidence of nepotism in unpaid positions or functions.

According to her, “there is widespread recognition of the social and political relevance inherent in the position of the person married to the head of the Executive Branch, which stems from the simple association with the person in person, and the desirability of the civic function that may be associated with it”.

Therefore, it argues that, instead of simply seeking to deny this role, a clearer regulation of this function should be made.

“The non-forecast of remuneration removes nepotism (in the format foreseen today) and many problems of conflict of interests. But it is possible to discuss other aspects, for example, the limits that must be observed in the exercise of this function (which can be emptied of power decision-making)”, he says.

The lawyer states that the debate around this format of representation without remuneration of the first lady in the contemporary context would be important, “since she would have several impediments to carrying out other economic activities autonomously”.