The first half of 2017 in the Legislative branch

Several controversial discussions were held during the first half of this year in the Chamber of Deputies and the Federal Senate.

Several controversial discussions were held during the first half of this year in the Chamber of Deputies and the Federal Senate.

The House Plenary approved 85 proposals in the first half of 2017, of which 23 were bills, most of them proposed by Deputies. Among them, the text that creates new standards for accident prevention in concert halls and large events (PL 2020/2007 – PL is the acronym for “Bill” in Portuguese). However, the two proposals that most mobilized parliamentarians in recent months came from the Executive Branch: one of them, the labor reform (PL 6787/2016) and the other on outsourcing in all activities of companies (PL 4302/1998). Both were transformed into laws.

Among the 16 provisional measures (MP) voted in the Chamber of Deputies, we can highlight MP 763/2016, which allows for the withdrawal of inactive accounts from the FGTS; and MP 759/2016, which establishes new rules for the regularization of occupied lands in the Legal Amazon for continuous areas greater than 1 fiscal module and up to 2,5 thousand hectares (one hectare = 10,000 square meters).

Regarding complementary laws (PLP), of the three approved projects, two relate to the states of the federation: PLP 343/2017 creates the Fiscal Regime of the States and the Federal District, to assist the indebted states in exchange for compensation – for example, privatizations, restrictions on increasing recurrent expenses, freezing of wages, reduction of tax incentives and negotiations with creditors. Initially, the states beneficiated from this measure will be Minas Gerais, Rio de Janeiro and Rio Grande do Sul. PLP 54/2015 legalizes exemptions granted under the so-called “fiscal war” between states, allowing its continuity for periods from 1 to up to 15 years.

In the Federal Senate, dozens of proposals with social, economic and administrative impact were also evaluated. Among them, we highlight in February the approval in the House Plenary of a project that accelerates the approval of clinical research, presented by Senators Waldemir Moka (PMDB/MS), Ana Amélia (PP/RS) and the licenced Senator Walter Pinheiro (BA). Also in February, the Commission of Constitution and Justice (CCJ) approved a project to rationalize and simplify acts and administrative procedures of the Union’s branches, as well as a bill that modifies the rule on minimum values for the signing of public-private partnership agreements (PPP).

In March, a proposal that prohibited the limitation of data traffic for broadband internet was approved, prepared by Senator Ricardo Ferraço (PSDB/ES). In the same month, the House approved a bill stating that companies can only interrupt the supply of electric power, water and telephone line to hospitals and public schools, police stations and fire brigade units after 60 days of non-payment. At the end of the month (29), the possibility of proposing declaratory measure to restrain the so-called “war of injunctions” in legal proceedings was approved.

In April, a proposal was approved in the Committee on Social Affairs (CAS), which assigns the expiration date for medical and dental prescriptions for manipulated drugs. Later that month, the Senate sent the sanction of the President of the Republic to establish a national database for Brazilian citizens to be duly identified, so that it is possible to create a unified identity document. The Plenary also approved the new migration law, which defines the rights and duties of migrants and visitors in the country. The Plenary also approved a draft amending the Authority Abuse Act.

In May, a project was approved that allows for the extension and reestablishment of partnership agreements between the public and private sectors on highways, railways and airports. In the same month, a bill establishing the Fiscal Recovery Regime for the States and the Federal District was approved. On the following month, the Senate approved the reduction of requirements for federal entities to renegotiate debts or contract credit operations with Union guarantee.

Still in May,a provisional measure that authorized the withdrawal of resources from the inactive accounts of the Fund of Guarantee of the Time of Service (FGTS) without the period of three years previously required by law was sent for presidential sanction.

The National Congress overturned presidential veto on a bill that reformulated the Tax on Services of any kind (ISS). As a result, ISS will be charged in the municipalities of customers of debit and credit cards, leasing operations and health plans, and no longer in the municipalities of the companies that provide these services. Another measure of repercussion was the approval of the end of the privileged forum for authorities in cases of common crimes, except for the Presidents of the Republic, the Supreme Court, the Chamber of Deputies and the Federal Senate.

In the last month of the legislative work before the parliamentary recess, the Law of sums owned by the government (or “Lei dos Precatórios”, in Portuguese) was sanctioned by the acting president of the Republic, Eunício Oliveira. In the same month, the Senate approved a bill that changed the national Labor Laws.

Parlamentary recess ends on August 1st. The president of the Chamber of Deputies, Rodrigo Maia (DEM/RJ), scheduled for August 2nd the vote on the report contrary to the continuation of the complaint of corruption against President Michel Temer.

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Rodrigo Alberto Correia da Silva

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Category: GOVERNMENT RELATIONS, Rodrigo Alberto Correia da Silva

Tags: 2017, Chamber of Deputies, correia dasilva advogados, csa, government relations, legislative power, senate

Posted in: 25/06/2019

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