Parliamentary investigators exchange favors with the president on behalf of the rejection of criminal action. Experts criticize perpetuation of impunity
At the most critical moment of the investigation, Operation Lava Jet no longer offered risk and became an opportunity for Congress. This is the assessment of experts interviewed by EL PAÍS on the new victory of President Michel Temer (PMDB) in the Constitution and Justice Commission of the Chamber of Deputies. On Wednesday, Temer obtained 39 votes in favor and 26 votes against the report of Representative Bonifácio de Andrada (PSDB), for the filing of the second complaint against the president.
It seemed like a serious moment. For the first time in history, a president of the Republic was denounced in Brazil in the exercise of the position. Fear broke this record twice, with two accusations. In this second complaint, Temer is charged with obstruction of justice and head of the criminal organization formed by the PMDB in the Chamber of Deputies .
But the accusations against Temer have only become a shortcut for parliamentarians to bargain for the benefits of the federal government. In exchange for the armor, with the rejection of the opening of criminal action in the Federal Supreme Court during the presidential term, Temer granted several advantages to the parliamentarians. In recent weeks, Temer has loosened oversight rules for slave labor through a decree, negotiated more than 200 million reais in budget amendments and committed to overturning precautionary measures against Senator Aécio Neves (PSDB) , according to parliamentarians. opposition.
That shortcoming was made even easier after the Federal Supreme Court ruled last week that any precautionary measures of the court against lawmakers, such as removal from office or arrest, need to be upheld by Congress.
The filing of the second complaint against Temer still needs to be upheld in the House plenary . But the government's expectation is one of victory. The first complaint was closed by 41 votes to 24 in the Commission of Constitution and Justice and in the plenary by 263 votes favorable to the armor of Temer against 227 who defended the opening of criminal action.
Both in Temer's first victory and in this second triumph, the cost of Temer's victory must fall to the population, either by the price of using the public budget for amendments and blessings from the federal government to parliamentarians, and to society as a whole that comes back some houses in social advances achieved in the last decades.
In the discussions of parliamentarians in the Constitution and Justice Commission, Temer's defenses predominated as if this shield to the president guaranteed the recovery of the economy or as if the accusations had no evidence of crimes. All arguments considered false and rejected by the opposition. Deputy Alessandro Molon (REDE-RJ) was one of those who defended the opening of a criminal action against the president and his allies. "Fear and its ministers need to be prosecuted for their crimes," he said.
But members of Operation Lava Jet's target group joined Temer's troopers and other targets. This is the case of Arthur Lira (PP-AL), a defendant in the money laundering and passive corruption operation, who voted for the filing of the second complaint, as well as Luiz Fernando Faria (PP-MG) (accused of passive corruption and money laundering ), and also Paes Landim (PTB-PI), and Beto Mansur (PRB-SP), investigated for the receipt of irregular donations. They all voted to file a complaint.
Even Deputy Paulo Maluf (PP), condemned in the Federal Supreme Court by money laundering and old survivor of corruption scandals, gave the air of grace, praising the report of Andrada that armored Temer. "It's a treat," he said. There was no shortage of those who defended Temer's armor for the "stability" of the country. "They want to oust the president a year from the elections to cause more chaos, suffering and instability in the country. But the people can not take it any more, "said Rep. Pastor Franklin (PP).
The Brazilian historian Adriana Romeiro, a professor at the Federal University of Minas Gerais and author of the book " Corruption and Power in Brazil ," says historian Adriana Romeiro . "The impunity has always been a constant in the history of Brazil.Our elites have more than 500 years of learning of illegality and impunity.We see that patrimonial practices are still in force.The expectation was that Operation Lava Jato was a fight against corruption" , he said.
Fear had leverage to preserve Operation Lava Jato with concessions to parliamentarians, but this price became increasingly expensive. Following the donations from the doormen Lucio Funaro, a former PMDB operator who also accuses Temer of being involved in corruption crimes, this price of survival has also increased. For Christian Dunker, coordinator of the Laboratory of Social Theory, Philosophy and Psychoanalysis of the University of São Paulo and a student of power relations, the price for Temer to remain in power was even greater because of the lack of legitimacy he faces in his position.
"It is a system of mutual blackmail where the one who is ruling has no power of maneuver to change the rules by which power is redistributed, and fear has to pay a price higher and more expensive to achieve the same effect. lack of embarrassment to submit proposals with 3% approval in the surveys, "says Dunker.
For Dunker, the Temer armor in Congress , with the rejection of criminal proceedings, is also a demonstration of how legislation can be corrupted in the interests of particular interests. "The law has an interesting purpose, but it is instrumentalized for corruption," he says.
In practice, the protection of the Chamber, with the rejection of criminal proceedings, only postpones Temer being sued. This armor allows him to be prosecuted only for the same charges after the end of the presidential term. Temer gains time, can even get closer to the prescription of crimes and new understandings of Justice. But parliamentarians earn much more.