One institutional crisis that was born in the Legislative Power could put an end to important measures by the government of Luiz Inácio Lula da Silva (PT), such as the return of Bolsa Família or the restructuring of the Esplanada dos Ministérios.
This is the dispute between the Chamber of Deputies and the Federal Senate about the rite of procedure of provisional measures (MP)which was changed in March 2020 due to the covid-19 pandemic.
Before entering the imbroglio, it is worth clarifying what an MP is and what is its importance for the Lula government.
What is an MP?
Edited by Presidency of the Republic, an MP has the force of law and is in force for up to 120 days — a period of 60 days, with an extension possible for the same period. If it is not approved by Congress, it loses its validity.
During the process, any parliamentarian can present amendments to the text, and the MP must be submitted to the plenary sessions of the Chamber and the Senate, in separate votes.
If the MP is not voted within 45 days of publication, it will lock the agenda of the House in which it is being processed, as long as it has already left the joint committee.
If passed without amendment, the provisional measure becomes law. If it has undergone changes, it must be sent to the President of the Republic for sanction or veto.
Since the beginning of his term, President Lula has sent 13 MPs to Congress. Among them, there are measures that establish the return of social programs such as Bolsa Família, Minha Casa Minha Vida and Mais Médicos; in addition to the creation of new ministries.
Because of this, the delay in the progress of the MPs in the Legislative has worried members of the government, who fear that some of these measures will lose their validity.
- Join Money Times Telegram!
Access the news that enriches your day in real time, from the economic and investment markets to relevant topics in Brazil and the world. Click here and take part!
Understand the dispute between the House and Senate
The impasse between the mayor, Arthur Lira (PP), and the president of the Senate, Rodrigo Pacheco (PSD), arose in February this year, when the Senate Board of Directors decided, without the approval of the Chamber, for the return of the joint committees to analyze the MPs edited since January 1st.
In theory, the Senate’s decision follows the Constitution, since the analysis of provisional measures by a joint committee is a constitutional determination. Following the Congressional revolution, such committees must be formed by 12 deputies and 12 senators — with the Houses taking turns reporting on the text.
However, during the covid-19 pandemic, the MPs processing rite was changed and the analysis stage by a mixed commission was excluded from the process. With that, the processing of the MPs started to start in the Chamber, which concentrated the rapporteurship of the matter, and then proceed to the Senate.
In practice, the change in the procedure rite conferred more power to the mayor, Arthur Lira, who now has the prerogative of appointing the rapporteur of MPs edited by the Executive.
Now, Lira and the deputies do not want to give up the power they acquired with the alteration of the rite, while Pacheco and the senators try to find a way to expand their own power over the government’s legislative agenda.
Proposals from each House
Lira’s main criticism of the joint committees is that the model would produce an under-representation of the Chamber, since the House indicates the same number of members as the Senate, even if it is numerically larger — there are about 7 deputies for each senator.
Thus, he argues that the number of members appointed to the commission should be proportional to the size of each legislative house.
Pacheco, in turn, suggests that the Constitution be amended to do away with joint committees, but establishing that the beginning of the transmission of MPs alternates between the Chamber and the Senate.
The escalation of the crisis
The apex of the crisis in the Legislature took place last Thursday (23), when, without reaching an agreement on the procedure, Pacheco accepted a request from Senator Renan Calheiros (MDB), Lira’s political opponent in Alagoas, who determined the return of the joint committees.
On the same day, Lira classified the action of the president of the Senate as “truculent” and stated that the MPs will not advance “one millimeter” in the plenary of the Chamber.
“The provisional measures of the Lula government, if the Senate unilaterally decides to install the commissions and appoint the members of the Chamber, this could lead to the measures losing their validity,” he told journalists.
With the escalation of the crisis in the Legislature, President Lula and members of the government act to appease the relationship between Lira and Pacheco. The challenge is to find a solution that doesn’t make one of the Houses feel aggrieved.
Behind the scenes, there is still the perception that the impasse in the rite of processing the provisional measures has as its background the influence of Lira and Pacheco in the control and appointment of positions and release of parliamentary amendments.
*With information from Reuters agency
Source: Moneytimes
I am an author and journalist with a focus on market news. I have worked for a global news website for the past two years, writing articles on a range of topics relating to the stock market. My work has been published in international publications and I have delivered talks at both academic institutions and business conferences around the world.
