President Luiz Inácio Lula da Silva (PT) signed this Sunday (Jan 1, 2023), the 1st day of government, provisional measures, normative acts and decrees. An MP (provisional measure) makes it possible to pay BRL 600 of Bolsa Família. The amount was only in effect until December 31, 2022. Read the announcement from the government (2 MB).
Auxílio Brasil paid BRL 400 to workers, but, in June 2022, the former president Jair Bolsonaro (PL) increased by another R$ 200. It was valid until 2022, but Lula intends to keep this increase permanently, and return the name of the program to Bolsa Família.
Congress enacted the PEC (Proposal for Amendment to the Constitution), which makes it possible to extrapolate the spending ceiling by R$ 170 billion. The rupture will be used to fund, among other things, Bolsa Família.
There are more than 21 million families that receive the benefit. According to the government, this is the 1st measure to face hunger and misery in the country.
The government also published the following measures:
- fuel exemption – the government extended the PIS/Cofins exemption on fuel for 60 days;
- reduced access to guns – measure suspends the registration of new weapons for Hunters, Shooters and Collectors and the opening of shooting clubs.
CONFIDENTIALS
In 2 decrees, President Lula revoked impeditive norms that were created in the Bolsonaro government that increased the secrecy of government documents.
The president signed an order determining that the CGU (Comptroller General of the Union) reassess, within 30 days, the decisions of the former president that imposed secrecy on documents and information of the public administration.
Understand how the secrecy rule worked here. Remember the cases of secrecy:
By denying data on meetings between Bolsonaro and the pastors, the GSI used the articles 6 and 7 of the LGPD. According to the devices, data processing can only be done when there is “legitimate, specific and informed purposes”.
Also according to the GSI, the secrecy of data on entries and exits to find Bolsonaro “fulfills the specific security purpose of the highest authority of the executive branch”.
CGU’s 2021 opinions go in the opposite direction. “The provision of the requested data [de entrada e saída no Planalto] allows any interested party to compare the entry information of visitors to public bodies with the authorities’ agenda, published in active transparency, without this posing a risk to the security of state authorities or prejudice to the informational autonomy of data subjects”says one of them.
In June 2021, the Army denied access to the administrative process against Eduardo Pazuello for participating in a political act in favor of Bolsonaro. The conduct is forbidden to active duty military personnel. The former minister was not punished.
The denial used as an argument the article 31, paragraph 1, item I, of the LAI. The excerpt says that the processing of personal information must respect people’s privacy, privacy, honor and image.
Secrecy was questioned at the STF (Federal Supreme Court) by PT, PC do B, Psol and PDT. In response, the Army command said that the decision to keep the case secret was taken because it considered that the administrative process is not in the public interest. He also stated that the episode is “internal matter” of the corporation.
In July 2021, data from Carlos Bolsonaro and Eduardo Bolsonaro’s access badges to the Planalto Palace were placed in secrecy for 100 years. The secrecy was used to deny access to an access to information request made by the magazine Crusoe.
Planalto used the same argument as in Pazuello’s case: the data concern “to the intimacy, private life, honor and image of the relatives of the President of the Republic”protected “under the terms of article 31” from LAI.
Information about the president’s vaccination card has also been classified for a century. The decision was informed to the magazine Era in response to an Freedom of Information Act request.
Once again the denial was given citing article 31 of the LAI itself. The data, Planalto said, are personal.
Also confidential is the registration of Laura Bolsonaro, the youngest daughter of the former president, at the Colégio Militar de Brasília. She was admitted without having to go through a selection process. The affair has not been a secret for 100 years.
The newspaper Folha de S. Paulo asked for enrollment data based on the LAI. By denying it, Planalto’s justification was that information about enrollment would put Laura’s life at risk.
ENVIRONMENTAL CRIMES
Lula signed a decree that “reestablishes” the fight against deforestation in the Amazon and in Brazilian biomes. The measure gives prominence to the IBAMA (Brazilian Institute for the Environment and Renewable Natural Resources) in policies to combat environmental crime.
In an order, the president ordered the Ministry of the Environment and Climate Change to present, within 45 days, a proposal for a new regulation for the conama (National Council for the Environment).
A decree also reestablishes the Amazon Fund and makes it possible to use R$ 3.3 billion in international donations to combat environmental crime in the Amazon.
Another decree revokes previous government measures on illegal mining in the Amazon, indigenous lands and environmental protection areas.
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