Plenary will vote on the Military Police Organic Law this Tuesday (30)

Manaus (AM) – The Plenary must vote this Tuesday (31), as a matter of urgency, on bill (PL) 3,045/2022, which establishes the National Organic Law of the Military Police and Fire Brigades of the States, the Federal District and the Territories.

Reported by senator Fabiano Contarato (PT-ES), the project establishes that corporations will continue to be subordinate to governors. The details of its organization will be established in a law initiated by these governments, observing the general rules of the project and the fundamentals of organization of the Armed Forces.

According to the text, it will be up to the federal Executive to define by decree terms used in the project, such as public security, public order, preservation of public order, police power, overt police, public order preservation police, Civil Defense, fire safety , fire prevention and combat, panic and emergency, search, rescue and rescue, in addition to military judicial police.

Among other topics, the project also establishes as a guarantee the receipt, by the spouse or dependent, of the active, reserve or retired military pension corresponding to the rank or rank held, with a value proportional to the length of service; and funeral assistance for the death of a spouse and dependent.

As for freedom of expression on the part of these professionals, the project prohibits them from participating, even during their free time, in collective demonstrations of a political-partisan nature or demands while carrying a weapon or uniform. However, although prohibited from joining political parties and unions, military police officers may appear armed at party political events outside of working hours. The proposal also changes definitions of traffic policing powers to guarantee the work of certified traffic agents.

The text was sent urgently to the Plenary after being approved by the Constitution, Justice and Citizenship Commission (CCJ) on October 25th.

School Meals

The agenda also includes four other items, including the Chamber bill (PLC) 90/2018, which obliges states, municipalities and the Federal District to allocate financial resources to ensure the functioning of the School Food Council (CAE) and approve standards complementary resources for the operation of the National School Meals Program (PNAE).

The project adds to the attributions of states and municipalities related to school meals the provision of, in addition to physical facilities and human resources, financial resources so that the CAEs can function fully.

The text also establishes that states and municipalities will have to, within the scope of their respective jurisdictions, complement, by local law, the standards relating to the execution of the PNAE, dealing with objectives, beneficiaries, forms of management, education and nutritional security actions, in addition to processes of execution and control of the money transferred by the National Education Development Fund (FNDE).

Reported by Senator Damares Alves (Republicanos-DF), the proposal makes it clear that the FNDE may suspend the transfer of PNAE resources if any state or municipality does not institute, after three years, the local law relating to its execution. The project was presented by senator Professor Dorinha Seabra (União-TO), when she was a federal deputy.

Tire retread

Another text to be considered is PL 2,470/2022, authored by senator Margareth Buzetti (PSD-MT), which exempts used tire retreading services from paying PIS/Pasep and Confins.

The project adds a provision to article 28 of Law 10,865, of 2004, to reduce to zero the contribution rates for PIS/Pasep and Cofins levied on gross revenue arising from the sale, on the domestic market, of used tire refurbishment services. , classified in subclass 2212-9/00 of the National Classification of Economic Activities (CNAE 2.0). The text establishes tax incentives for legal entities that carry out retreading, retreading, remolding, doubling and vulcanization activities for tires, with the exception of companies included in Simples Nacional.

It also reduces to zero the PIS/Pasep and Cofins rates levied on revenues earned and on the operation of acquiring machines, equipment, devices, instruments, their parts and spare parts, intended for the fixed assets of the benefited legal entities. It also determines that official financial development agents add, to their priority lines of credit and financing, projects aimed at benefiting companies, and these lines of credit must also promote working capital and investments and be made available within a maximum period of 180 days, counting from the date of publication of the law resulting from the approval of the project.

In September, after being definitively approved by the Economic Affairs Committee (CAE), the project would go straight to the Chamber for consideration. However, senator Fabiano Contarato (PT-ES) presented an appeal so that the matter, reported by senator Mauro Carvalho Júnior (União-MT), could be considered in Plenary.

“We will not remain silent”

In the same session, the substitute presented to the bill that creates a protocol to prevent violence against women in public establishments will be considered.

In order to combat conduct such as rape, harassment, sexual harassment, violence against women, children and adolescents, as well as embarrassment and humiliation, PL 3/2023 creates the protocol We will not be silent, mandatory for nightclubs, nightclubs, dance clubs, parties, dances, rodeos and vaquejadas, shows and festivals, shows and sporting events. Membership is optional for restaurants, bars, amusement parks, conferences, hotels and inns. Commercial establishments that voluntarily join will be entitled to display the protocol seal.

Authored by deputy Maria do Rosário (PT-RS), the project was on the agenda of the Plenary on the 18th, but the rapporteur, senator Augusta Brito (PT-CE), asked for the vote to be postponed in order to deal with the government about some adjustments to the text. The matter was approved by the Human Rights Commission (CDH) on September 13, in the form of the substitute presented by senator Mara Gabrilli (PSD-SP).

The protocol is inspired by the Spanish “No Callem” initiative. The measure became known internationally after the case of football player Daniel Alves, arrested since January after being accused of raping a young woman in the bathroom of a nightclub in Barcelona.

Monocratic decisions

There will also be the third discussion session, in the first round, of the Proposed Amendment to the Constitution 8/2021, which limits monocratic decisions and requests for review in the Federal Supreme Court (STF) and other courts. It takes five sessions to vote on the matter in the first round.

In general terms, PEC 8/2021 prohibits the granting of a monocratic decision that suspends the effectiveness of a law or normative act with general effect or that suspends acts of the presidents of the Republic, the Senate, the Chamber of Deputies or the National Congress. A monocratic decision is one made by just one magistrate — as opposed to a collegiate decision, which is taken by a group of ministers (higher courts) or judges (second instance courts).

*With information from Agência Senado

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