BRASÍLIA, DF (FOLHAPRESS) – The quarantine proposal to restrict the candidacy of judges, prosecutors and members of the security forces in elections spurred Congress to discuss the rules for hiring military personnel in the Executive.
In the wake of the debate on the politicization of the judiciary, opposition and center party leaders (such as PP and PSD) want to include restrictions on the appointment of active military personnel in public administration functions in the three spheres of power.
The evaluation of these congressmen is that it is necessary to stop both the judicialization and the militarization of politics.
On Wednesday (29), the mayor, Rodrigo Maia (DEM-RJ), aligned himself with the president of the Federal Supreme Court, Dias Toffoli, and defended an eight-year quarantine for ex-judges who decide to run for election.
Rodrigo Maia signaled that the text should be discussed by the end of the year, but did not guarantee whether or not it would take him to the vote. The proposal faces resistance from President Jair Bolsonaro.
In relation to the rules for the military in the Executive, a proposal to amend the Constitution was presented by Congresswoman Perpétua Almeida (PC of the B-MA) in June, but was waiting for a positive signal from Maia.
Now, she has started collecting signatures to start processing. For that, it is necessary to have a third of the Chamber and a third of the Senate. Once the support is gathered, a special committee is created to analyze the proposal.
Last week, Maia affirmed that the issue should be better organized in the future so that military personnel will automatically move to the reserve if they want to occupy positions.
The main obstacle is in the Plateau. Palatial ministers heard by the report said they are against the idea and will try to reverse Maia’s support.
The Folha de S.Paulo newspaper showed that the presence of active military personnel in the federal government has doubled over the past 20 years. The growth is 33% in a year and a half under Jair Bolsonaro.
Today there are 2,558, in at least 18 agencies, including Health, Economy, Family and Mines and Energy.
The discussion grew after Minister Gilmar Mendes, of the STF, made harsh criticisms of the presence of military personnel in command posts at the Ministry of Health amid the pandemic of the new coronavirus.
“It is a debate that has to be faced by society. The Armed Forces are state institutions and must be preserved. They cannot be linked to government A or B. The proposal aims to protect the military,” said Deputy Perpétua Almeida
The proposal foresees that military personnel with up to 10 years of career will have to leave the positions without the right to go to the reserve. The others are automatically transferred to the reserve and are entitled to benefits related to the functions they occupied.
“The rule is similar to that foreseen for the military who wants to run for public office. Compared to that of judges, for example, it is more than beneficial. Magistrates, such as ex-judge Sergio Moro, have to abandon their career without no benefit if they want to be part of the public administration “, he says.
Regarding quarantine for judges to contest elections, there are three proposals presented in the Chamber of Deputies. None, however, contemplates the eight-year layoff advocated by Maia and Toffoli.
The text embraced by the mayor is by deputy Fábio Trad (PSD-MS) and provides for a four-year quarantine for members of the Judiciary, the Audit Courts, the Public Ministry, as well as members of the Armed Forces.
“The text is mature and ready to go to the vote. In the plenary, we can discuss whether it will be 4, 5 or 8 years old”, said Fábio Trad.
The change in the rules of unenforceability is done through a complementary bill and needs a simple majority to be approved in the Chamber, that is, half plus one of those present at the session
The text should not encounter difficulties in the House. The proposal began to be discussed last year during the analysis of the anti-crime package sent by then Minister Sergio Moro.
The only resistance is from part of the bullet bench. Deputy Captain Augusto (PL-SP), who is the coordinator of the Public Security Front, has already started to articulate against the proposal.
“It is an aberration. A revenge of the House against Moro,” he said.
On Thursday (30), President Jair Bolsonaro assessed the possibility with skepticism, in a private conversation related to the report.
At the Planalto Palace, the assessment is that, although it does not affect a possible candidacy by Sergio Moro for the presidential succession, the repercussion of the restriction was negative for the president, who will try to be reelected.
That’s because it created the appearance that the political class is chasing and victimizing the former judge.
Earlier, Vice President Hamilton Mourão also said that the measure should not prosper and transform the magistrate into a “citizen without political rights”.
The project has the potential to directly reach Bolsonaro’s base, as it can affect security forces. In the wake of the 2018 election, the number of elected representatives linked to the security forces and the judiciary reached 61 deputies and nine senators.
The restriction on the candidacies of judges generated harsh criticism from the judiciary.
The president of AMB (Brazilian Association of Magistrates), Renata Gil, said that the idea of extending the term of discompatibility for judges interested in joining politics to eight years is “disproportionate and discriminatory”.
“It will be imposing itself on the judge, in case of legislative alteration in this sense, the same penalty that is imposed on those who embezzle public money”, said the judge.
Renata Gil pointed out that eight years is the deadline for those who have suffered administrative misconduct and were convicted of violating the treasury. And that, before the res judicata, it is possible for the person to run for public office.