Barroso asks the Chamber for explanations about the Amnesty PEC

Minister Luís Roberto Barroso, of the Federal Supreme Court (STF), opened a deadline this Thursday (18) for the Chamber of Deputies to present clarifications on the Proposed Amendment to the Constitution 9/23 (PEC) that promotes amnesty for parties politicians who have not fulfilled, in the 2022 elections, the mandatory quotas for female and black candidacies. On Tuesday (16), deputy Sâmia Bonfim (PSOL-SP) filed a writ of mandamus at the Supreme Court asking for the suspension of the PEC’s processing, with the main argument that it is an unconstitutional measure. Barroso was chosen as rapporteur for the request. The parliamentarian argues that the Board of Directors could not forward the issue to a vote in plenary, as the project would violate the fundamental clause of the Constitution that prevents changes in individual rights and guarantees. Among the violated rights is that of having “political gender and racial equality, in its material dimension and as a right to recognition”, argues the deputy. Another violated principle, pointed out the parliamentarian, is that of electoral antecedence, which prevents changes in the rules of an election from a year before its realization. In a dispatch this Thursday, Barroso wrote that the request will be analyzed only after the deadline for the Chamber’s manifestation has elapsed. The minister also ordered the notification of the Advocacy General of the Union (AGU) to join the process, if there is interest. Under the law that governs injunctions, once the initial petition has been received, the magistrate responsible must open a period of ten days for the contested party to present information about the case. Understand Deputy Sâmia Bonfim’s request was filed with the Supreme Court on the same day that PEC 9/23 was approved by the Constitution and Justice Commission (CCJ) of the Chamber of Deputies. According to the approved text, the application of fines or suspension of the Party Fund and the Special Campaign Financing Fund to parties that did not have the minimum number of female or black candidates in the 2022 election is prohibited. sanctions in relation to previous elections, but last year’s general elections had been left out. Now, parliamentarians want to extend the effects of the amnesty until the present. The text that went through the CCJ also provides that the parties are exempt from punishment for any accountability with irregularities before the enactment of the PEC. In the petition forwarded to the Supreme Court, Sâmia Bonfim argues that the “message that the Chamber of Deputies, by allowing the processing of this PEC, sends to women and black people is that this space, which should be plural and faithfully mirror our social body, only will be occupied by white and wealthy men, no matter how much inclusive legislation is enacted or the decisions of our highest bodies, such as the STF and the TSE, are passed”.

Agência Brasil