Suspicious Bills!

Suspicious Bills!

I'm not very fond of getting into trouble that could end up leading us nowhere, I often prefer not to give my opinion.

However, regarding this matter, I believe it is a matter of citizenship that we speak out and express our views.

We are all aware that the Lava Jato operation is hitting those in power hard, and many of them, legislators, that is, those who create the laws that will hold them accountable, I think this is kind of absurd, but what can we do?

I believe that the rules that establish the limits for public legal power: judge, prosecutors, prosecutors, etc., really need to be better defined. For example, it is inconceivable to leak information that is under judicial secrecy, that is, the person has not yet been convicted and has his honor, his character and his life vilified, and what if in the end he is innocent? The damage is done, and it is irreparable.

So, I am completely in favor of car wash, but I think that even legal power needs to have its limits clearly defined so that it does not lead to injustice against an innocent person.

Therefore, I forward below the projects that are being processed in the National Congress which aim, among other things, to inhibit, reduce or nullify the force of the car wash.

I believe that the population must demonstrate, mainly through social media, their total indignation with the legislators who vote or will vote in favor of these propositions.

Propositions

– PL 1210/2007 – Mini political reform with Amendment which provides amnesty for the crime of slush funds

Authored by former deputy Regis de Oliveira (PSC-SP), the proposal foresees a series of changes to the electoral law. One Amendment it would be presented at last Monday's session in the Chamber with the aim of amnestying politicians who had slush funds before 2016. However, the Project left the voting agenda. In the initial proposal, amnesty was not foreseen.

– PLS 280/2016 – Changes the crime of abuse of authority

Authored by senator Renan Calheiros (PMDB-AL), the Project defines conduct that could be defined as a crime of responsibility. It limits sentences from three months to five years in prison. But it is generic in many ways. Some of the potential crimes are: letting the prisoner be photographed or carrying out interrogations at night. The proposal also provides that authorities who commit abuses against those being investigated will have to compensate them.

– PL 2755/2015 – Prohibits whistleblowers from providing additional information

The author, Heráclito Fortes (PSB-PI), suggests that collaborators could not provide additional clarifications or change the content of the complaint presented. This would prevent approved statements from being perfected and causing more problems for other people being investigated.

– PL 4372/2016 – Prohibits prisoners from making plea bargains

Prepared by deputy Wadih Damous (PT/RJ), the Project prevents investigated individuals who are in prison from entering into plea bargain agreements. According to the proposal, the collaboration agreement can only be validated by the judge if the whistleblower is free. Today there are at least 70 validated plea agreements. In 21 of them the person being investigated is arrested. The proposal also establishes that no complaint can be based solely on whistleblowing, that the names of those cited must remain confidential and that disclosing the statement constitutes a crime.

– PL 4577/2016 – Prohibits prison until the end of appeals

Damous also presented a proposal in which defendants cannot be arrested until all appeals have been exhausted. Theoretically, this suggestion contradicts the decision of the Federal Supreme Court, which allowed the arrest of the convicted person in the second instance.

– PL 4081/2015 – Limits denunciations of those investigated with more background

Hugo Motta (PMDB-PB) and Luiz Sérgio (PT-RJ), president and Reporter of the Petrobras CPI, suggest that the plea bargaining of those investigated with “bad records or who have broken previous collaboration” be prohibited. If approved, money changer Alberto Youssef's plea would be annulled, because he had already failed to comply with a previous plea.

– PL 4082/2015 and PLS 283/2012 – Lawyers prohibited from accumulating allegations

Both have the same content. The first was prepared by Hugo Motta and Luiz Sergio. The second by former senator Vital do Rego. Both prohibit the same lawyer from participating in the plea bargain agreement of two or more employees.

– PLS 233/2015 – Disfigures the civil investigation

Proposal by Senator Blairo Maggi (PP-MT) changes the entire civil investigation and could make the Prosecutor's Office responsible for misuse of information and documents it requests. Something quite generic and superficial, according to ANPR.

– PLS 123/2016 – Suspension of judicial secrecy

Authored by Senator Gleisi Hoffmann (PT-PR), it determines the suspension of judicial secrecy if any investigation in which there is secrecy is reported in the press.

– PL 3636/2015 – Amends the leniency agreement

Prepared by senator Ricardo Ferraço (PSDB-ES) the Project provides for the Federal Public Ministry, the Federal Comptroller General and the Public Attorney's Office to enter into leniency agreements with companies involved in crimes separately. Therefore, the MP would not need to investigate the other bodies. Today, the MP monitors leniency agreements with other bodies, which are linked to the Executive Branch. The MP is autonomous.

– PLS 172/2015 – Punishes members of the Public Ministry

Written by senator Fernando Collor (PTC-AL), the Project establishes the administrative, civil and criminal liability of a member of the Federal Public Ministry who commits a reckless act or act with deliberate bad faith, or with the aim of personal promotion or political persecution.

This summary of legislation was removed from the website El País, in the following link

I also clarify that I did not go into each of the propositions to analyze their complete content. So, I don't know how to clarify first: whether all the propositions described above are completely true; if they only present negative aspects against Lava Jato, and if they really effectively deal with issues related to Lava Jato.

A hug.

Rubens Santana

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