government defeat: Dilma loses the right to appoint ministers STFPEC postponing the mandatory retirement STF ministers.
In a private joint-sponsored by the Mayor, Eduardo Cunha (PMDB-RJ), the plenary of the House approved on Tuesday (5) evening a proposal for a Constitutional Amendment (PEC) uplifting 70 for 75 the age for retirement of ministers of superior courts and the Court of Auditors Union (TCU), the so-called PEC of Bengal. A proposal, presented by former Senator Pedro Simon (PMDB-RS) there is 10 years, It will be promulgated.
In practice, the proposal is a defeat to the Presidential Palace and removes the right of President Dilma Rousseff to nominate up to five ministers of the Supreme Court by the end of its mandate, in 2018. no period, the president could appoint substitutes for ministers Celso de Mello, Marco Aurélio Mello, Ricardo Lewandowski, Teori Zavascki and Rosa Weber.
Another side effect of the PEC is postponing the retirement of the current members of the Court. Minister Dias Toffoli, for example, He was appointed to the Supreme Court in 2009 to 41 years. Before the proposal, he could stay until the Supreme 2037, that is, by 29 years in court. With the amendment, it can stand up 2042, this is, 34 years of Supreme.
The decision to vote the PEC of Bengal came as the House was about to start the voting process of Provisional Measure 665, the first of two MPs who are part of the fiscal adjustment. Eduardo Cunha concluded the analysis session MP, altering the concession rules of social security and labor benefits, for, then, open a special session that placed as the first item on the agenda the PEC. He made a quick meeting with leaders to announce the vote on the proposal.
The public justification Wedge allies to put, Late, the Bengal PEC voting is that there was a high quorum on the House to vote on the proposal. The PECs rely on support in plenary 308 MEPs, as provided in the rules of the House. The proposal passed with 333 votes in favor, 144 against and 10 abstentions. MEPs rejected a highlight to the text that would force a possible extension of the increase in the mandatory retirement for all public service. The PEC of Bengal had been passed by the House in the first round in early March.
However, Chairman of the House allies said privately the Political Broadcast Eduardo Cunha wanted, with the approval of the constitutional amendment, make a change in disaffected. One of the wedge complaints would be the fact that he has become the target of Operation Lava jet without the government has acted to prevent. With this measure, the mayor also wants, second allies, become even more one MP voting the guarantor 665. “The adjustment will only go if he wants”, said one PMDB wedge group.
Congressman Alessandro Molon (RJ), one of the deputy leaders of the PT, sharply criticized the proposal and has classified “casuistry shameful”. “This is not what ministers to President Dilma will indicate”, he said. “It is a way of indicating that occurs since the 1988 Constitution”, completed.
The suggestion Molon is in line with that proposed the former minister of STF Joaquim Barbosa, to give up the post last year with 59 years. “I think the positions have to be occupied for a certain period and then must give opportunity to others”, said Barbosa, In this ocasion.
During the vote, Alessandro Molon even proposed that in exchange for the withdrawal of the matter from the agenda were discussed a proposal to establish a mandate to STF ministers up 10 years. Eduardo Cunha himself said that this issue is being discussed by a special committee of the House.
The leader of the PV, Sarney Filho (BUT), He defended the approval of PEC. According to him, the House should approve the expansion in retirement limit would be a natural consequence of the improvement in the company's quality of life. “Life has improved and life expectancy has increased for all”, said.
O líder do PPS, Rubens Well (PR), also defended the proposal as a positive for social security to stretch the period of retirement of judges. Bueno also said the move would “good judges” the country due to the longer working time. he stressed, However, that the measure left open the decision to retire before the age limit.”They can retire before 75 years, not have to wait”, sugeriu.Com information Estadão Content.