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Bolsonaro asks the Brazilian Federal Supreme Court to suspend the expiration dates of provisional measures

24/03/2020

The President of the Republic, Jair Bolsonaro, has filed a motion for the claim of non-compliance with a fundamental precept (ADPF) 663 at the Brazilian Federal Supreme Court (STF) to extend the time-limits for the validity of the Provisional Measures (MPs) in Congress, due to the state of public calamity in which the country is as a result of the Covid-19 pandemic.

Filled by the Attorney General of the Union (AGU), the lawsuit requires that the 30-day suspension period for parliamentary recess (article 62, paragraph 4 of the Federal Constitution) be applied to the provisional measures until the National Congress returns to its normal conditions for obtaining a quorum (simple majority) for voting on the MPs, which have a validity period of 60 days, extendable for an equal period.

Power of agenda

The President highlights the exceptional situation experienced by the two Legislative Houses due to the expansion of the new coronavirus . Among other points, he recalls the acts of the House of Representatives and Senate that make justified the absences of congressmen from the group at risk and the holding of deliberative sessions electronically only on matters related to the new coronavirus. According to him, such measures make it difficult to obtain a quorum for the vote on the MPs.

Jair Bolsonaro argued that the Legislative branch itself recognized the state of public calamity and that this situation compromised the fundamental precept of the "power of agenda of the National Congress" (article 62, paragraph 6 of the Constitution), which could compromise the emergency public policies adopted.

Measures

In the injunction request, the President of the Republic points out that several provisional measures are about to expire, such as MP 899/2019, on a tax transaction expected to raise R$ 6 bi this year, which expires tomorrow (25), and MP 900/2019, which authorizes the Ministry of the Environment to manage a fund of resources from environmental fines, which expires the day after tomorrow (26).

The action was distributed by prevention to Minister Alexandre de Moraes, rapporteur of ADPF 661, which deals with the same issue.

AR/CR//CF - CG/FB/GL

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