Jaques Wagner says that the vote in favor of PEC was personal – 11/23/2023 – Power

Criticized for voting in favor of the PEC (proposed Amendment to the Constitution) that limits decisions of the STF (Supreme Federal Court), the leader of the government in the Senate, Jaques Wagner (PT-BA), stated this Thursday (23) that his decision was “strictly personal”.

“I clarify that my vote on the PEC that restricts monocratic decisions by the STF was strictly personal, the result of an agreement that removed from the text any possibility of interpretation of possible intervention by the Legislature”, he stated on social media.

“As leader of the government, I reaffirmed the position of not guiding votes, since the debate does not directly involve the Executive. I reinforce here my commitment to harmony between the Powers of the Republic and my total respect for the Judiciary and the STF, guarantor of democracy Brazilian and guardian of the Constitution.”

Despite having voted in favor of the PEC this Wednesday (22), Wagner freed the government bench so that his colleagues could vote as they wished. The proposal was approved by 52 votes to 18, three more than the 49 necessary.

Behind the scenes, the assessment is that the government leader’s vote — one of the most respected parliamentarians in the Senate, including by the opposition — boosted the score in favor of the PEC and encouraged senators who were undecided.

Ministers of the Supreme Court classified the approval as an “attack” by the Legislature and stated that this harms the court’s dialogue with the Lula government, whose actions were crucial for the approval of the matter, in the evaluation of magistrates.

Wagner was the only one of the eight PT senators to vote to approve the proposal. Unlike him, the government leader in Congress, Randolfe Rodrigues (Rede-AP), voted against the approval of the PEC and criticized it during a speech on Tuesday.

The offensive against the Supreme Court was always present among senators allied with Jair Bolsonaro (PL). It gained traction, however, from an articulation between the Senate and the opposition in the Chamber, driven by the ruralist group, the strongest in Congress at the moment.

It was up to the president of the Senate, Rodrigo Pacheco (PSD-MG), to speed up the articulation of the proposal and guide it.

His performance, together with that of Davi Alcolumbre (União Brasil-AP), has been seen by parliamentarians as a movement by the group that intends to run for command of the House and seeks to get closer to Bolsonarists linked to the anti-STF agenda.

The expectation is that the president of the Chamber, Arthur Lira (PP-AL), will hold or at least slow down the proposal in the House.

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Understand what changes with the PEC that limits monocratic decisions

How it is
Ministers of the STF can deliberate monocratically on any topic involving other Powers and administrative bodies; A recent change in the court’s internal regulations defined that preliminary decisions by magistrates must be confirmed by the other members in the virtual plenary session within 90 days

How would it be
If approved, the proposal will prohibit monocratic decisions to suspend the effectiveness of laws approved by Congress and sanctioned by the Presidency; Only the president of the court, currently Luís Roberto Barroso, could decide monocratically and during the period of judicial recess, with analysis by the rest of the court within 30 days after the return of activities

Removed from PEC
One change made was to exclude from the scope of the PEC the decisions of the Presidency of the Republic, such as decrees or appointments, which were initially foreseen