Proposal for a secret ballot to open an investigation against a parliamentarian postpones the PEC in the Chamber of Deputies

After a meeting in which there was “great confusion,” party leaders and the president of the Chamber of Deputies, Hugo Motta (Republicanos-PB), decided to postpone the vote on the so-called proposed constitutional amendment (PEC) of the Shield until next week.

The main reason for the impasse was the proposal of two suggestions for the text of the PEC to go further: the possibility of either suspending or blocking the opening of an investigation against deputies and senators and the vote to decide this being secret, say people who participated in the meeting.

This would be a step beyond what was provided for in the 1988 Constitution. Under the text, which was amended in 2001, representatives and senators could not be criminally prosecuted without prior authorization from their respective chambers. An investigation is a pre-trial phase. Thus, under the rule in effect until that year, prior authorization was required for the initiation of criminal proceedings, allowing the investigation to proceed.

As Estadão/Broadcast showed, before the constitutional change made by the National Congress itself in 2001, the Chamber and Senate blocked at least 224 requests for prior license presented by the Supreme Federal Court (STF).

Now, the Chamber is trying to recover this resource through a proposed amendment to the Constitution (PEC). The Shielding PEC deals with ways to protect STF parliamentarians and was included on the House's voting agenda this Tuesday, the 26th.

Both suggestions came from unidentified party leaders. The text is still under discussion among other parties, which are trying to reach a consensus. The proposal's rapporteur, Lafayette de Andrada (Republicans-MG), has two possible texts, and leaders are still making suggestions for inclusion.

With no prospect of having the minimum number to be able to approve at the end of the night this Wednesday, 27th, the opposition gave in to decide on the matter in the next few days.

"It's a good thing there was no consensus. We don't think any kind of authorization to investigate a congressman is right. There are many controversies. There was a lot of confusion," says Lindbergh Farias (RJ), Workers' Party leader in the Chamber of Deputies. "That can come later. We can breathe a sigh of relief."

Earlier on Wednesday, Motta said that the Shielding PEC “does not meet the spirit of A, B or C, it meets the spirit of the House.”