October 23rd, 2017

Legislative Newsletter - Edition 064

The negotiation of the Complaint in Brasilia

Brasília is the center of the attention this week, because of the discussion and voting of the complaint against President Michel Temer and two of his Ministers for obstruction of justice and criminal organization.

Legislative Newsletter - Edition 064

Brasília is the center of the attention this week, because of the discussion and voting of the complaint against President Michel Temer and two of his Ministers for obstruction of justice and criminal organization, scheduled for Wednesday, when the government needs 172 votes, or the votes of a third plus one of the 513 deputies, to prevent the Chamber from authorizing the Federal Supreme Court (STF, in the acronym in Portuguese) to continue with the investigations against the defendants.

According to the rules publicized the Chamber, the rapporteur, Deputy Bonifácio de Andrada (PSDB/MG), will have 25 minutes to speak. Then, the three defense lawyers will also have 25 minutes to present their case. Members who register to speak about the complaint will have 5 minutes each, alternating between parliamentarians against and in favor of the rapport (noting that it was against the continuation of the investigation).

After the discussion, the voting phase will begin, provided that at least 342 Members of the House have registered their presence in the electronic panel. Thereafter, two speakers will be allowed to speak for 5 minutes, one against other for the rapport, alternately, to put their vote forward. Then, the orientation of voting of the party benches begin, in which each leader is entitled to speeches of 1 minute.
The vote will be made by nominal call, in alphabetical order, by state, alternately from North to South and vice-versa. Once the vote has been completed and at least 342 Members have voted, the result will be proclaimed. We recall that, in the first complaint, in August, Temer obtained the support of 263 parliamentarians, against 227 of the opposition.

Until Wednesday, the activities are intense in the Palácio do Planalto – the headquarter of the Brazilian Executive power, since President Temer has received several parliamentarians and committed itself in providing favors, mainly for the agrobusiness group, to publicize the controversial norm that loosens the inspection of the slave work; and also a decree authorizing the conversion of environmental fines into service rendering, besides promises of budgetary liberation concerning the environmental sector; as well as promises of budget release for parliamentary amendments. The issue of supervision of slave labor generates a lot of discussion inside and outside the Congress, and a general strike of labor inspectors is expected on Thursday, in protest against the new ordinance.

Meanwhile, Temer's relationship with the president of the Chamber, Deputy Rodrigo Maia (DEM / RJ), is still delicate after disagreements over the Provisional Measures vote and the disclosure of excerpts from the Temer accusation on the Chamber's website. Maia has stated that he and his party are exempt and try to disassociate their image from that of the government. While Temer must do whatever it takes to not rival Maia until the second complaint against him is voted in the House.

On Tuesday, the 25th, the National Congress Session is scheduled to deliberate on six presidential vetoes and 13 projects for the opening of additional budget credits to serve various public sectors.

In the agenda of the House Plenary, in addition to deciding whether or not to continue the investigation of the complaint against Temer and his Ministers, the bill regulating the lobby acitivityin the country (PL 1202/2007) is going to be deliberated; as well as the draft resolution of the House that deals with the filing of proposals at the end of the legislature (PRC 190/2001) and project that regulates rights and obligations related to industrial property (PL 333/1999).

Among the meetings of the committees of the Chamber we highlight Tuesday's hearing on the obstacles to the regulation of the production, marketing and consumption of anorectics drugs authorized by Law 13454/2017, in the Committee on Consumer Protection; (CDC, in the acronym in Portuguese), which will be attended by representatives of the Brazillian Health Regulatory Agency - Anvisa; of the Federal Public Ministry; of the Federal Council of Medicine - CFM; of the Brazilian Association for the Study of Obesity and Metabolic - Abeso Syndrome; and the Brazilian Association of the Pharmaceutical and Pharmaceutical Industries - Abiquifi.

Also on Tuesday, there will be the installation and election of president and deputy of the Special Committee to discuss PL 8456/2017 that changes the tax burden, dealing with payroll reoneration.

The Joint Commission on debureaucratization will hold a public hearing, on Thursday, to discuss the simplification of the rules for opening and closing companies; flexibility in the rules applicable to notary and registration services, in order to encourage competition between registries and improve the quality of services provided to the population; and also in favor of the reduction of the time needed to grant patents by the National Institute of Industrial Property (INPI, in the acronym in Portuguese), especially for drugs.

In the Senate, the Plenary should not deliberate controversial matters, currently  only issues already awaiting for deliberation, like projects such as the Political Reform, like the one which establishes the mixed district vote in the proportional elections (PLS 345/2017); and the proposed amendment to the Constitution that establishes that members of the Electoral Court may not have had party affiliation in the two years preceding the beginning of their term (PEC 4/2017). Also noteworthy for the deliberation of the proposal on the validation of administrative acts (PEC 48/2015); and proposal establishing the National Fund for the Development of Public Security (PEC 24/2012); in addition to International Cooperation Agreements.

In the commissions, we highlight the project to regulate individual private transport (PLC 28/2017) in the Commission for Science, Technology, Innovation, Communication and Information Technology (CCT) on Tuesday (24th), after a large demonstration by the companies with apps in this sector. On the following day, the CCT will discuss in a public hearing the human capital loss in Brazil and "brain circulation" opportunities, with the presence of the Director General of Project I-2030, Mr. Tadao Takahashi; the President of the National Council for Scientific and Technological Development - CNPq, Mr. Mario Neto Borges; the Advisor to the Presidency of the Brazilian Enterprise for Research and Industrial Innovation - EMPRAPII, Ms. Denise Neddermeyer; and the Director-President of the Brazilian Society Pro-Inovação Tecnológica - PROTEC, Mr. Roberto Nicolsky.

We also highlight the public hearings of the Social Affairs Commission (CAS) that will evaluate the Public Policy: More Doctors Program, that has as guests representatives of the National Health Council (CNS); of the Brazilian Medical Association - AMB; of the Federal Council of Medicine - CFM; of the Federal University of Paraíba - UFPB; University of Brasília - UnB; of the National Health Fund of the Ministry of Health; of the Pan American Health Organization - PAHO Brazil; of the National Council of Health Secretaries - CONASS; of the National Council of Municipal Health Secretariats - Conasems; and also had the presence of Federal Deputy Jorge Solla (PT/BA).

The Committee on Economic Affairs (CAE) will be able to deliberate on Tuesday, among its list of projects, the Senate Bill (PLS) 330 of 2013 on the protection, treatment and use of personal data.

The activities of the Commissions of Inquiry this week will be agitated, and we highlight the meetings of the Joint Parliamentary Committee of Inquiry (CPMI, in the acronym in Portuguese) of JBS that will listen to the former director of the company, Mr. Ricardo Saud; and another time this week, the former president of the Federal Savings Bank, Mr. Jorge Hereda. The CPI of the BNDES (Parliamentary Inquiry Commission, CPI in the acronym in Portuguese) will also meet for the exhortation of the former president of BNDES (National Bank for Economic and Social Development), Mr. Luciano Galvão Coutinho.

Also on Monday, at the CPI of the Welfare system, the rapporteur Senator Hélio José (PMDB/DF) is expected to present the final report of the Commission.

Finally, there are meetings of the committees that analyze some of the provisional measures published as: MP 788/2017, which deals with the restitution of amounts credited to a financial institution by a public entity in favor of a deceased person, are scheduled to date; MP 789/2017, which amends legislation on Financial Compensation for the Exploration of Mineral Resources - CFEM; MP 790/2017, which updates the Mining Code; and MP 791/2017, which creates the National Mining Agency.