PEC of the prison after the second instance will be voted on later this year, says Maia | Politics

“This one, I got engaged. Before my term ended [como presidente da Câmara]. The vote ends on December 17, rest assured that this matter will be voted on, ”Maia said in an interview broadcast live on the“ O Antagonista ”website.

The mayor said that the issue will advance “as soon as the municipal elections are over,” scheduled for November.

The proposal modifies the Constitution to establish the immediate execution of the sentence after the second instance conviction. This would apply to all fields of law, including criminal, fiscal, labor and electoral.

The PEC, according to the text of the deputy rapporteur Fábio Trad (PSD-MS), defines that res judicata would be set up immediately after a second instance conviction.

The defendant could still appeal to higher courts, in certain situations, but this could not interfere with the immediate execution of the sentence.

In the interview, Maia recalled that the House and Senate signed an agreement in 2019 to address the issue in a change in the Constitution, and not in an ordinary bill. The idea is to give more legal security to the proposal.

In the Senate, the Constitution and Justice Commission (CCJ) has already approved a bill that modifies the Criminal Procedure Code in this regard. The deputies, meanwhile, began to analyze the PEC – a type of proposal that has a slower process.

The deal was hampered by the Covid-19 pandemic, which has paralyzed the House and Senate committees since March. The PEC of Second Instance awaits a vote in the special commission, which has not met since the routine of the deputies was changed.

“The second instance, I think, is a round affair. Marcelo [Ramos, presidente da comissão especial da PEC] and Fábio Trad are negotiating. As soon as we can resume [as comissões], we can handle this matter well, ”said Maia.

In September, Ramos, Trad, and the author of the proposal, Alex Manente (Cidadania-SP), sent a letter to Maia to resume work. Days later, the Parliamentary Front for Ethics Against Corruption submitted a request with the same request.

Maia was also asked about the PEC that restricts the privileged forum of the authorities, another issue included in the agenda to combat corruption and impunity. In this case, according to the mayor, the deputies are “more divided.”

The text, which has already been approved by a special commission and is pending analysis by the plenary session, maintains the privileged forum only for the holders of the three powers (president and vice president, and presidents of the Chamber, Senate and Supreme Federal Court).

“The issue of the forum is a bit more divided in the House, and I am not yet determined to put this issue on the agenda,” he said. Maia said, however, that he is committed to “talking about it.”

The mayor recalled that the case of Mrs. Flordelis (PSD-RJ), however, has nothing to do with changing the privileged forum. The deputy is accused of being responsible for the murder of her husband, but cannot be detained for having parliamentary immunity.

“I was even surprised when I received a letter from various senators using the example of Flordelis. It’s amazing how senators don’t know the constitution, they don’t know what immunity is and what the privileged forum is. I hit my forehead, I said, ‘My God, these people don’t even know what they’re talking about. “It scared me, I was scared,” he said.

According to Maia, “politicians have already had their forum [privilegiado] overthrown, that’s the truth. ”

“When talking about corruption linked to politics, most of the cases linked to politics are already in the first instance, in the Electoral Justice. There is no benefit if this matter is voted or not,” he declared.

Money laundering and impropriety

Maia ended the interview after being irritated by a question from lawyer Hélio Telho, of the Goiás Federal Public Ministry, about changes in the laws on money laundering and administrative irregularities.

“For what reason [Maia] Do you think that nepotism, the hiring of relatives, should no longer be punished for administrative impropriety? “Asked Telho.” Why do you think we should no longer punish that public agent who took public money and was not accountable except with that public money? ”

The mayor considered the question “incorrect” and “rude” and responded.

“He said what I ‘think’. Who is he to say what I think if he did not listen to my opinion on the issues he raised?” I just said that Article 11 [da lei de improbidade administrativa] It is very open and generates a lot of insecurity, was the only thing I said, ”said Maia.

“I want to know from him why [o procurador] He receives an extract and did not ask why the Chamber has not yet voted on the extract, ”the mayor continued, irritated.

“Extract” is the term used for the payment of salaries of some public servants that exceed the constitutional ceiling for public servants (R $ 39,293). This is possible today with “penduricalhos” as bonuses and extra funds, which are not included in the calculation.

In a note released in August, the Federal Public Ministry for the Fight against Corruption noted “setbacks” in the text under discussion in the Chamber to reform the law on administrative irregularities, denounced by deputy Carlos Zarattini (PT-SP). The matter has been in the Chamber since 2018.

In September, a committee was also installed in the House to discuss changes in the law to combat money laundering. One of the objectives is to define the limits of the crime of money laundering to avoid contradictory decisions of the courts, according to the order for the creation of the commission, signed by Maia.