Lira gains power with STF’s PEC and should hold vote – 11/25/2023 – Power

Bet by the STF (Supreme Federal Court) to block the PEC that limits monocratic decisions, the president of the Chamber of Deputies, Arthur Lira (PP-AL), gains influence with the court and the Planalto given the power to define the future of the proposal, according to parliamentarians heard by Sheet.

Lira has not yet given clear signs of how she should handle the issue, but stated in private conversations that she had after the approval of the text by the Senate that emotions are high both in Parliament and in the STF. He also said that it is not possible to discuss anything in this climate. For interlocutors, this indicates that the president of the Chamber does not intend to address the issue this year.

The deputy also signaled that he will talk to the Supreme Court about the progress of the PEC.

In the evaluation of leaders heard by the Sheet, the topic is currently not treated as a priority by Lira. The diagnosis is that there are no conditions for the matter to be analyzed quickly.

Before the PEC passed through the Senate, Lira had signaled to members of the Supreme Court and the Lula government that she would not pursue the so-called anti-STF agenda in the Chamber.

One of these indications was given in a meeting with the president of the court himself, Luís Roberto Barroso.

Despite this, there is pressure from opposition and even centrist deputies for the Chamber to also respond to what they consider the STF’s interference in Legislative matters.

In practice, deputies assess that the PEC approved by the Senate does not change much how the Supreme Court works. The initiative, however, is seen as having the symbolic power of showing that Parliament is capable of reacting to the Judiciary if it deems it necessary.

Publicly, Lira stated that she does not intend to block the discussion of proposals that limit monocratic decisions in the House.

“There will be a normal rite. I don’t dictate [dos demais deputados], there is no veto from me. My personal will will not prevail over that of the majority of parties in the House. There’s no such thing,” said Lira recently, when asked by journalists about the progress the project would take in the Chamber. The questioning took place before approval in the Senate.

For parliamentarians, Lira ends up strengthened by having the pen to dictate the pace of the matter. This is because the Executive found itself drawn into the conflict between the court and senators because of the vote in favor of the PEC given by the government leader in the Senate, Jaques Wagner (PT-BA).

On the other hand, they recognize that Lira will also come under pressure from parliamentarians, mainly from the opposition, to speed up the process in the Chamber. In this assessment, if the text goes to the plenary, it is possible that it will be approved by the deputies.

Another aggravating factor is that the discussion occurs amid an increase in complaints from representatives of the center with the government due to the delay in releasing amendments and what they classify as non-compliance with agreements that were discussed with deputies. In this way, other parliamentarians could add pressure on the president of the Chamber, with the aim of giving messages to Planalto.

Among the arguments against the processing of the PEC in the Chamber, deputies emphasize that it was a monocratic decision by STF minister Gilmar Mendes who suspended an investigation into alleged deviations in robotics kit contracts involving Lira allies. In this assessment, this would be yet another reason for Lira not to proceed with the proposal.

The government leader in the Chamber, José Guimarães (PT-CE), told Sheet who would vote against the PEC approved in the Senate, but considers that the Chamber should not remain “silent” in the discussion either.

“Firstly, it is not correct for the Senate to impose on the Supreme Court this type of, so to speak, constitutionalization of ministers’ decisions. On the other hand, in the Supreme Court, regarding monocratic decisions, they cannot be the rule either. They have to be the exception.”

He advocates a middle-of-the-road solution. The idea would be to constitutionalize what the STF’s regulations already provide, because, according to him, sometimes the STF “exaggerates” in monocratic decisions.

Guimarães claims to have been surprised by Wagner’s vote and says he will talk to Planalto to define the government’s position.

In any case, he believes that the matter should only be debated next year, when things “calm down”.

Representative Claudio Cajado (PP-BA), in turn, says he sees no problems in approving the PEC in the House. “Harmony and independence have not been altered in any way. What is desired is that injunctions due to unconstitutionalities brought against laws approved by the Legislative Branch have a minimum of six ministers judging”, he stated.

As soon as the PEC reaches the Chamber, it will be up to Lira to dispatch the matter for analysis and voting at the CCJ (Constitution and Justice Commission), followed by debates in a special commission. Only then can it be analyzed by deputies in plenary.

The leader of the opposition, deputy Carlos Jordy (PP-RJ), states that government parliamentarians will be able to postpone the analysis of the issue in committees and that this should only be taken to the plenary in mid-2024.

“I believe that by the middle of next year we will achieve it. Especially because this is an issue that is very much in vogue and people are appealing for this to be approved”, he says.

The CCJ is currently chaired by a PT parliamentarian, Rui Falcão (SP), who could impose a slower pace on the analysis of the PEC — in 2024, on the other hand, it should be chaired by a name from former president Jair’s PL Bolsonaro, following an agreement signed at the beginning of this year.

Jordy also recognizes that there will be “very great pressure” from members of the STF for Lira not to proceed with the PEC, but says that there is support among the population for a “response to balance the Powers”.