In Brasilia: the defense

The moods in Brasília are tense following the denunciation of the Attorney General of the Republic, Rodrigo Janot, against the President of the Republic, Michel Temer, for the crime of passive corruption. This denunciation should guide the weeks’ political scenario, since the administration (or “Planalto”, where the head of the Executive Power is located in the city of Brasília) is focused on the defense that must be presented to the Chamber of Deputies in ten sessions. There i salso a preocupation concerning the composition of the Constitution and Justice Commission (CCJC), which will analyze the complaint beforehand.

In the last week, several deputies have been changed in the CCJC, in order to guarantee to the Planalto that the denunciation will be rejected. However, even if the complaint is rejected by the Commission, it should be considered in a roll-call vote by the House Plenary and approved by at least 2/3 of the Members (342 out of 513) for the denunciation to be admitted and for the Supreme Court (STF, in the Portuguese acronym) to initiate the proceedings.

STF will only judge the complaint if the Chamber authorizes the opening of criminal proceedings against Temer. If the required majority is not formed, the denunciation will be suspended until the President leaves the office, when, only then, it can start to be appreciated by the Judiciary.

The strategy of Temer’s administration is to accelerate the rite of analysis of the complaint, with the possibility of filing his defense this week, long before the ten term sessions (so that the matter is appreciated before the parliamentary recess), which, would avoid great exposure of the government and its fragilities in the media, a fact that can erode the image of the chief executive. On the other hand, protests and obstruction of the opposition are expected this week in support of the complaint against Temer.

The president of the Chamber, Deputy Rodrigo Maia (DEM/RJ), is due to meet this Tuesday with the President of STF, Minister Carmen Lucia, to discuss the rite of the denunciation against President Temer.

Still in the Chamber, we highlight in the Plenary for the possibility of deliberation of four provisional measures, among them MP 775/2017, which allows the granting of financial assets to foreigners, the project on measures to prevent and repress smuggling (PL 1530/2015) and the project that increases penalties for those committing crimes against trademarks and patents (PL 333/1999). We also point out that the proposal for a constitutional amendment that changes the procedure for assessing Provisional Measures by the National Congress (PEC 70/2011) and the bill on lobby regulation (PL 1202/2007) are on the agenda.

In the Committees, the Special Committee to discuss Health Plans (PL 7419/2016) will hold a public hearing on Tuesday, with representatives of the Federal Council of Medicine (CFM); of the National Agency of Supplementary Health – ANS; the Brazilian Center for Health Studies (CEBES) and the National Association of Private Hospitals (ANAHP) as guests.

The subject “health plans” will also be the discussed in a public hearing at the Consumer Protection Commission (CDC) on Wednesday, which will discuss “the unilateral breach of contract by the Health Plan Operators”, with the Director of Supervision of the National Supplementary Health Agency – ANS, Simone Sanches Freire; the Presidents of the National Federation of Supplementary Health – Fenasaúde, Solange Beatriz and of the Brazilian Association of Health Plans – Abramge, Reinaldo Camargo Scheibe, among others.

On the same day, there will be an International Seminar “Technology and Public Health: viable solutions to the Brazilian challenges” with the presence of the Minister of Health, Ricardo Barros; and representatives of the Sírio-Libanês Hospital; of UHG Brasil; IBM; Brazilian Society of Diabetes (SBD); among others. The seminar will be held by the Social Security and Family Commission of the Chamber of Deputies (CSSF), the Commission for Science and Technology, Communication and Information Technology of the Chamber of Deputies (CCTCI), the Special Committee on Technological Innovation in Health (CETECSAU) and by the Joint Committee on the Reduction of the National Congress.

On Thursday, the Committee on Economic Development, Industry, Commerce and Services (CDEICS) discussed at a public hearing the impact of high interest rates on inflation, with the participation of the Minister of Finance, Henrique Meirelles; of the President of the Central Bank of Brazil – BACEN, Ilan Goldfajn; the President of the National Bank for Economic and Social Development – BNDES, Paulo Rabello de Castro; and the Secretary of the National Treasury Secretariat – STN, Ana Paula Vescovi.

The moods in the Senate will not be any different, as the sensitive moment of President Temer influences the rites of the House’s activities, especially in the key projects for the government, such as the Labor Reform, which now awaits deliberation of the Senate Plenary to go to sanction.

Another issue in the Senate is a choice of the new PMDB leader in the House, since Senator Renan Calheiros (PMDB/AL) has stepped down because he did not meet the aspirations of the party. The return of Aécio Neves (PSDB/MG) to the House, after decision of the STF, also intensifies the moods.

For this week, the vote on the urgency of the Labor Reform (PLC 38/2017) is also expected. The project’s deliberation, however, should occur only next week. Among the projects scheduled in the Senate plenary, we highlight that of the Constitutional Amendment Proposal that ends re-election and establishes new rules for the Party Fund (PEC 113A/2015).

In the committees, the Committee on Economic Affairs (CAE) continues to review the Senate bill that determines that resources from services provided by the National Institute of Industrial Property (INPI) are reinvested in the Institute itself (PLS 62/2017).

In the Constitution and Justice Commission (CCJ), President Temer’s nomination for the position of Attorney General, Raquel Elias Ferreira Dodge, in the vacancy of Rodrigo Janot, whose term expires in September, should be read. A thorough scrutiny of her qualifications should be scheduled for later.

Finally, there are also meetings of the committees that analyze some of the provisional measures published, like: MP 774/2017, which extinguishes the benefit of the company payroll; MP 781/2017, on the Penitentiary Fund; and MP 783/2017, which establishes the new Tax Regularization Program (Refis).

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Category: GOVERNMENT RELATIONS, Heloisa Rodrigues Itacaramby Bessa

Tags: correia dasilva advogados, csa, government relations

Posted in: 25/06/2019

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