The Chamber’s Constitution and Justice Commission (CCJ) approved on Tuesday, 23, a proposal that brings the age limit from 75 to 70 years for ministers of higher courts, such as the Supreme Court (STF), to occupy positions. The text still needs to be submitted to a special commission that will be created. Only then will it be able to proceed to the plenary of the Chamber and the Senate.
In practice, if enacted, the new text could give President Jair Bolsonaro the right to nominate two new ministers for the vacancies of Rosa Weber and Ricardo Lewandowski, both 73 years old. The Proposal for Amendment to the Constitution (PEC), presented by deputy pocketnarista Bia Kicis (PSL-DF), aims to revoke the so-called Bengal PEC, which established the current age limit, in 2015.
The proposal was approved by 35 to 24 votes. At this stage of the analysis, deputies do not analyze the merits. They only check whether the text meets legal requirements. It is the first step in the proceedings in the Chamber. The next step will be a commission to be created specifically to deal with the topic.
The approval, articulated by government officials, also included a movement by the president of the House, deputy Arthur Lira (Progressistas-AL). He delayed the start of the agenda for the vote to be taken. When this phase of the plenary session begins, the work of the commissions must be suspended. The maneuver guaranteed the government victory in the CCJ this Tuesday.
The discussion lasted more than four hours. The opposition accused the government caucus of “casuistry” for trying to open more vacancies in the STF to be filled during Bolsonaro’s government. Deputy Bia Kicis After, author of the proposal, spoke of a “commitment” to change the text in the special commission to include clauses that do not affect the current ministers. Some deputies also want to take advantage of the new stage to discuss the creation of mandates for Supreme Court ministers.
As it is a PEC, the text does not depend on the sanction of the President of the Republic. After approval in the House and Senate, it is enacted and becomes effective immediately.
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