A front of 3,295 federal and state prosecutors and prosecutors launched this Sunday, 17, a repudiation note against the PEC that increases the influence of Congress in the National Council of the Public Ministry (CNMP). The group is asking for the complete rejection of the proposal that is being processed in the Chamber of Deputies. It is the biggest articulation against the text since it was released for voting in the plenary of the Legislative House. The petition will be taken by the National Association of Members of the Public Ministry (Conamp) to all Congress leaders.
The CNMP, or “Conselhão”, is responsible for overseeing the conduct of members of the Public Ministry. In addition to changing the composition of the collegiate and the criteria for appointing councilors, the proposal presented by deputy Paulo Teixeira (PT-SP) also broadens the function of the body. According to the text, in addition to the correctional function, the CNMP will be able to review the acts of prosecutors and prosecutors. The forecast opens the way for the annulment of denunciations, arrest orders and convictions outside the court system.
“The administrative and financial controls of the National Council of the Public Ministry do not mean control of the core activity”, rebut the prosecutors and attorneys in the repudiation note.
Another questioned point is the prerogative of Congress to appoint the Public Prosecutor’s Office. The change is seen as a way of constraining the work of prosecutors and prosecutors. “Offense to the constitutional principle of institutional independence”, they react.
See the main changes planned in the PEC:
Increase in collegiate seats reserved for alternate indications of the Chamber and Senate, which go from two to four, expanding the external influence on the Public Ministry;
Member appointed by Congress becomes also the vice president of CNMP;
CNMP gains power to review private acts of members of the institution;
Freezing of statutes of limitations for infractions until the final decision on the prosecutor’s or prosecutor’s conduct;
National Corregedor will no longer need to be elected from among the members of the Public Ministry and will be appointed by Congress;
CNMP shall create a National Code of Ethics and Discipline to guide the conduct of members of the institution within 120 days after the approval of the reform;
Superior Councils of the State Public Prosecutors, which are now elected by the class, are now composed of members appointed directly by the State Attorney General.
reactions
Internally, the proposal was read as a response from the political class to investigations against corruption. Members of the MP fear that the changes under discussion open the way for the manipulation of administrative proceedings against the work of prosecutors and prosecutors.
Over the past few weeks, there have been several public demonstrations by the class against the text. A front of 38 deputy attorneys general of the Republic launched a manifesto in which they classify the PEC as a “coup” in the institution’s autonomy. The Associative Front of the Magistracy and the Public Ministry (Frentas) said that, if approved, the proposal will serve as an “instrument to curtail freedom and functional independence.” The National Council of Ombudsmen of the Brazilian Public Ministry (CNOMP) pointed out “weakening” of the institution and warned of “consequences of unimaginable proportions” for democracy.
In an interview with state, the attorney general of São Paulo, Mário Luiz Sarrubbo, classified the proposal as “a death shot” in the MP. He stated that he is also talking to all federal deputies elected by the state to try to articulate the rejection of the PEC.
Rio’s Attorney General, Luciano Mattos, also reacted to the text, which he called a “great setback” for the institution.
Deltan Dallagnol, former coordinator of the extinct task force of Operation Lava Jato, said that the proposal “ties up the fight against corruption” and has been trying to mobilize followers on social networks against the changes.
Creator of the campaign What do you have to do with corruption?, Attorney Affonso Ghizzo Neto claims that the PEC is trying to “give control of the CNMP to the National Congress”. “Weakening the MP, especially in the functional independence of its members, hindering the constitutional mission of defending the legal order, the democratic regime and unavailable social and individual interests, notably with regard to fighting corruption”, he points out.
The highest authority of the Public Ministry, the Attorney General of the Republic, Augusto Aras, confirmed that he asked the President of the Chamber of Deputies, Arthur Lira (PP-AL), to postpone the analysis of the text while trying to buy time to re-discuss the changes.
In parallel, class leaders organized demonstrations in 18 capitals last week.
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