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Jurists and politicians criticized the attack by the government leader in the Chamber, Deputy Ricardo Barros (PP-PR), on the 1988 Constitution, created by a national constituent assembly after the end of the military dictatorship.
Barros made the statement at a virtual event organized by the Brazilian Academy of Constitutional Law.
He said that Brazil is in an ungovernable situation and should follow the example of the Chilean referendum and convene a national constituent assembly to draft a new constitution.
“I personally defend a new national constituent assembly. I think we should hold a referendum, as Chile did, so that we can redo the Magna Carta and write the word ‘duties’ many times, because our charter only has rights and it is necessary that the Citizen has duties to the nation ”, said the government leader.
Barros also said that the 1988 Constitution has too great a supervisory power. In 2018, during the presidential campaign, the PT even proposed a constituent and only withdrew after receiving much criticism.
In the same act, entitled “A day for democracy”, Minister Luiz Roberto Barroso, of the Supreme Federal Court, criticized – without mentioning the leader of the government – the calling of a constituent assembly.
“We have a very resistant democracy in Brazil, which has lived under the 1988 Constitution for 32 years just completed,” the minister said. “We had difficult moments in Brazilian life. Some real moments, some purely rhetorical moments, but until today no one has considered a solution other than respect for constitutional legality. And the Legislature works and limits power. The Judiciary and the Supreme Court works and limits power and, therefore, in addition to any less cheerful rhetoric, we have solid institutions that have adequately withstood the constant gales, “he added.
In a social network, the minister of the Federal Court of Accounts (TCU) Bruno Dantas condemned the proposal for a constituent assembly.
“I have seen people in Brazil trying to get on the Chilean referendum to reopen the debate on a new Constitution here. It would be useful to study a bit of history and understand its democratic transition and ours. Just to start, ”he wrote.
The former Minister of Justice of the Bolsonaro government, Sergio Moro, said in a social network that “what has hampered the governance of Brazil in recent years has been rampant corruption and fiscal irresponsibility, not the 1988 Constitution or the Justice or the Public Ministry “.
The president of the Chamber, Rodrigo Maia (DEM-RJ) also contested the statements of Ricardo Barros. Born in Chile, Maia said the country’s situation is completely different. In Brazil, according to him, the final mark of the redemocratization process was the Constitution of 1988. In Chile, this process has not yet concluded.
Maia said that the way to solve the country’s problems is to make reforms through amendments and not to write a new Constitution.
“We cannot in any way mix the history of Brazil with the history of Chile. Brazil had a democratic transition and approved a Constitution in this process that culminated in that approval. At this time, Brazil has many urgencies, it has many constitutional amendments to reform “. the Constitution, emergency PEC, administrative reform and tax reform. Let’s stay in our focus. Otherwise, we will transmit insecurity to society. What is the government’s agenda? What is the agenda of the National Congress?
The former president of the Federal Supreme Court, Minister Ayres Brito, said that the country becomes ungovernable when it turns its back on the Constitution.
“That, exactly, the Constitution, well understood, well interpreted and well applied, will lead Brazil to the best of destinies, a politically democratic destiny, I repeat, philosophically humanistic and culturally civilized. Of that I am sure. Just read carefully Do not under-interpret the Constitution, not going back to it. As long as we go back to the Constitution, Brazil is not going to move forward, “he said.
Minister Carlos Velloso, who also presided over the Supreme Court, said it was a “coup” to now defend a constituent assembly.
“In short, it would be a coup d’etat because the Constitution is not changed at the will of the people. No. The Constitution was made to last,” he declared.
The Planalto Palace declined to comment on the statements of the leader Ricardo Barros.