In an attempt to overcome resistance in the special commission that debates the administrative reform, the rapporteur of the text, Deputy Arthur Maia (DEM-BA), made a series of concessions in search of support from the opposition and center-right deputies against the latest version. of the Proposed Amendment to the Constitution.
The expectation was that the report would be voted on this Wednesday (22), but a confusion between the opposition, the chairman of the commission, Fernando Monteiro (PP-PE), and the rapporteur of the text caused the meeting to be postponed to this morning. Thursday (23).
If approved by the committee, the PEC must still pass through the plenary of the Chamber, where it must receive at least 308 votes in two rounds before proceeding to the Senate.
The deputies initially analyzed the fourth version of the text prepared by Arthur Maia. He made concessions after the report filed last Wednesday (15) generated discontent among deputies of the collegiate, putting the approval of the text at risk.
In the face of pressure, the rapporteur had given in and waved to the left-wing parties, which would already vote against the text, and the center-right, which supported the proposal, but were dissatisfied with the changes made by Maia.
In the text filed on Wednesday, the rapporteur reduced from ten to six years the maximum term of validity of temporary contracts that can be signed by states and municipalities. The item is criticized by the opposition for allowing teachers and health agents to be hired through the instrument, for example, instead of having public tenders.
The selection process will be impersonal and simplified, and a new contract cannot be signed with the same contractor in less than two years from the end of the previous contract.
The rapporteur had also accepted one of the main opposition demands and excluded article 37-A, seen by left-wing parties as a possibility of privatizing public services.
In complementing the vote, he stated that it is necessary “to organize and standardize the criteria for partnership between public and private entities, but there was no necessary understanding of colleagues in relation to the format adopted, which is why art was excluded from the alternative proposal. . 37-The one intended to be added to the Magna Carta.”
The provision provided that the Union, states and municipalities could, “in accordance with the law, sign instruments of cooperation with agencies and entities, public and private, for the execution of public services, including the sharing of physical structure and the use of human resources from individuals, with or without financial compensation.”
A confusion at the end of the session, however, led the rapporteur to say that he would return to the article in the report. The meeting, marked by protests by protesters and obstruction of the opposition, had been suspended for an hour after deputies against the PEC criticized Maia for having filed a new text supposedly with wording amendments during the session.
For the opposition, one of the changes caused a change in merit. In the view of the parties, this would represent the breaking of an agreement articulated by the president of the Chamber, Arthur Lira (PP-AL), for the opinion to be voted — the opposition agreed to reduce the number of highlights (proposed text modification) in exchange for the withdrawal of Article 37-A.
In an attempt to reach an agreement, Monteiro asked opposition deputies to agree to vote on the main text and leave the analysis of the highlights for this Thursday. In the negotiation, the session exceeded the maximum statutory period of one hour for suspension – after that, according to the rules, the meeting automatically falls. Left parties then argued that the session had fallen, angering Monteiro and Maia.
As a result, Monteiro called a session for 9:00 am on Thursday, while Maia left the meeting stating that he would resume the 37-A in the text.
In the evaluation of deputy Gervásio Maia (PSB-PB), the stretch was the worst point of the PEC 32. “It has a very large amplitude. 37-A messed with the current server. If a mayor privatized the public service of a school, the private initiative would have a range of possibilities, in this cooperation agreement, with city halls”, he said. “And then you could have servers being completely excluded from public service.”
Deputy Professor Israel Batista (PV-DF) criticized the rushed presentation of the report. “There was no time for a more accurate analysis of the new text presented by the rapporteur. The advisors, the parliamentarians are making a very hasty analysis”, he criticized.
In the report filed on Wednesday, Maia changed the forecast of 25% cut in working hours and wages and now decided that the measure will only be valid in a “scenario of fiscal crisis, as an alternative to adopting another more drastic one, the dismissal of permanent employees .”
To cater to the center-right parties, Maia broadened the scope of those affected by privilege cuts. Now, they will be occupants of positions, jobs or public functions of direct and indirect public administration, occupants of elective positions and members of courts and audit boards, within the scope of the Public Ministry and any of the Powers of the Union, states and counties.
They may not take vacations for a period exceeding 30 days in a year, they will be prohibited from having additional benefits for length of service, increase in remuneration or indemnity installments with retroactive effects, leave on leave and compulsory retirement as a form of punishment.
They will also not be entitled to progression or promotion based exclusively on length of service and indemnity installments without foreseeing the requirements and calculation criteria defined by law.
According to the text, with two consecutive unsatisfactory evaluations or three interspersed, within a period of five years, there will be a need to determine the responsibility of the server for its performance, “given that such periods ensure the verification of the failure of corrective measures that must be implemented after a first negative result”.
Last week, Maia also gave in to pressure from public security professionals and included in the PEC a series of changes that benefit the category — part of the political base of President Jair Bolsonaro (no party).
In this version of the text, the rapporteur identified the servers that should be benefited, such as federal, civil and criminal police, official experts in charge of carrying out criminal expertise, legislative police, municipal guards, traffic agents and socio-educational agents.
Maia also changed an understanding to allow a prominent presentation in the plenary to include other Powers in the reform.
Last week, Maia used a note from the board that considered the inclusion of other Powers to be unconstitutional to make the presentation of highlights to expand the effect of the reform inadmissible. Now, according to the agreement, it will not be allowed to present prominently in the commission, but in the plenary.
Even if approved by the special commission, there are doubts whether there will be support for the PEC in the plenary. On Tuesday (21), eight parties closed the question to vote against the PEC. Together, PT, PDT, PSB, PSOL, PCdoB, Rede, Solidariedade and PV represent 145 deputies.