Senate expands debate on PEC that prohibits military candidacy

The Federal Senate decided to expand the debate on Proposed Amendment to the Constitution 42/2023, which prohibits active military personnel from running for election. The text was authored by senator Jaques Wagner (PT-BA), signed by other senators.

The third round of discussion of the proposal was scheduled for this Tuesday (20). However, amidst positions opposing the project, the author of the PEC presented a request for the proposal to be debated and the senators agreed to promote a thematic debate session on the topic.

When requesting a vote on the requests, Jaques Wagner drew attention to the different positions of the requests — one in favor of the PEC, the other against it — and to the varied suggestions for invitations to debate. “Including the Minister of Defense himself [José Mucio Monteiro Filho] is willing to come to the House to state his position”, he pointed out.

The proposal articulated by the Lula government is seen as a way to remove active military personnel from politics after the government of Jair Bolsonaro (PL) brought the Armed Forces closer to the Planalto. To be approved, the PEC will need the support of three-fifths of parliamentarians in two rounds of voting in the Senate and the Chamber. That is, 49 of the 81 senators and 308 of the 513 deputies.

What PEC 42/23 provides

According to the text, approved in November last year by the CCJ, federal soldiers who apply for an elective position will automatically be transferred to the unpaid reserve when registering their candidacy. With more than 35 years of service, the soldier goes to the paid reserve.

The new rules will not be valid for the 2024 municipal elections. According to the legislation, they will only come into force 1 year after the constitutional amendment comes into force.

Currently, active military personnel can contest elections, but must step aside if they have less than 10 years of service. If you have served for more than 10 years in the Forces, the soldier must be removed by higher authority and, once elected, he will automatically be placed in reserve upon graduation.

The text maintains the current rule for military police officers and military firefighters. In these cases, the rapporteur pointed out that the Auxiliary Forces do not have the same function of defending the homeland, guaranteeing constitutional powers and order, as the Armed Forces, but only that of public security and property.