Rapporteur says he will request reopening of the commission that analyzes the PEC of second instance | Politics

The rapporteur argued that if the Chamber expects work in the Chamber to return to normality to reactivate commissions, the PEC of second instance can be “shelved.”

“We concluded that if we wait indefinitely, the PEC could be shelved. There we would lose a great opportunity to improve Brazilian Justice. So we decided to officially ask the president today [da Câmara] Rodrigo Maia (DEM-RJ) to authorize the reinstatement of the special commission ”, said Trad.

Trad’s report has yet to be submitted or voted on. The text provides for the deprivation of liberty after the sentence in the second instance, modifying articles 102 and 105 of the Constitution, which allow appeals to the Superior Court of Justice (STJ) and the Federal Supreme Court (STF).

In practice, the process can even reach the higher courts, but through a new action and only to challenge formal aspects.

For the rapporteur, the PEC is as important as the administrative and tax reforms, considered a priority by the government and which have already been sent to Congress.

“If administrative reform will be debated, if tax reform will be debated, why leave the second instance PEC, as important as the two reforms, shelved in a beneficial way? “said the deputy.

Learn about other points provided in the proposal:

• Disagreements in lawsuits: The report must address the situation of the defendants acquitted in the first instance and convicted in the second. Trad argues that the accused should be arrested when convicted in the second instance. He maintains that the convictions are unlikely to be overturned in higher courts. Therefore, the current text of the PEC must be maintained, without any special rule. According to Trad, the issue generates differences of understanding between the Inter-American Court of Human Rights (does not allow execution) and the European Court (allows execution).
• Privileged forum: Trad included in the opinion that mayors, governors, ministers and other authorities can appeal to the higher courts. Currently, mayors, for example, are prosecuted by the courts. In practice, for the purpose of appeals before the STJ and the STF provided for in the PEC, they would be tried by a single court before serving the sentence, without the possibility of appeal.
• Precatories: One of the controversial aspects of the PEC is the payment of court orders, government bonds recognized by the courts. If the parliamentarians understand that the execution of the sentence after a second instance sentence is also valid for the tax area, the municipalities, the states and the Union will not be able to appeal to the higher courts and will already have to make the payments after being sentenced in Second instance. Trad said it would be unconstitutional to create a rule that excludes the payment of court orders, but said that a text was necessary to minimize the damage.