President of the Senate must decide on an impasse in the nomination of Mendonça to the Supreme Court

According to the internal regulations of the House, Pacheco’s position is silent and verges on malfeasance

DIDA SAMPAIO/ESTADÃO CONTENTAndré Mendonça’s nomination to the STF caused an impasse in the Senate and is stuck

There is an impasse in the appointment of the former minister André Mendonça for the vacancy open in Supreme Federal Court made by the president Jair Bolsonaro. The president of the Justice Constitution Commission (CCJ), senator Davi Alcolumbre stamps his foot and guarantees that he will not schedule the hearing and analysis of the president’s nominee. Before, it was a backroom contest. Now it’s open warfare. If he presses, President Jair Bolsonaro will end up revealing what the CCJ president requires to fulfill his legal obligation. Minister Ricardo Lewandowski reinforces Alcolumbre’s at least undue decision. A mistake, the senator cannot deprive the other 80 senators of the right to fulfill the mission to vote. The demand of the moment is of decision. Vote, yes or no, in open session and by secret ballot. He is not alone, but most want to decide. If André Mendonça is rejected in the Senate, which would be unheard of, President Jair Bolsonaro will nominate another, but it is necessary to decide to comply with a constitutional requirement. Minister Lewandowski considers this an internal Senate decision. It wasn’t like that about the installation of the CPI of the Pandemic.

If it is an internal decision, the president of the Senate, senator Rodrigo Pacheco, is omitting itself. It really is. Perhaps he is feeling trapped in a favor from former Senate president, Senator Davi Alcolumbre, who supported his candidacy and went to the Palace to ask President Jair Bolsonaro for support for the ticket. He won, but life moves on and the challenges are different now. Davi Alcolumbre proof that he does not have the stature of a senator and is unable to occupy future positions. That’s why he’s called “the kamikaze senator”. If the impasse is formed, it is up to the leaders and the president of the Senate to signal the emergency exit. The bylaws of the Federal Senate points to the path of clearing. Let’s go to Article 48, which defines the powers of the president of the Senate. There are the powers of the Presiding Board and the President. In item VI, it is already clear that it is up to President Rodrigo Pacheco to designate the Agenda, organize deliberative sessions and remedy flaws about correction, errors or omissions, but this is not a solitary point. In item X, it is that the president distributes matters to the commissions and those who can do a lot can do little, that is, redistribute them. In item XIV, there is another requirement for President Pacheco, that of dividing the proposals for voting purposes. In item XXXII, there is the definitive power to remove the Senate from this vexatious situation, where the president of a commission hijacks the agenda of the entire Senate, the president can invoke the representation of the Senate the public act of special relevance without the possibility of the commission or senator .

The position of the president of the Senate in this episode, according to the bylaws, is silent and borders on malfeasance, which is the act of public servants in doing or not doing something for their own or third parties’ interests. The vice-president, senator Veneziano Vital do Rêgo, of the MDB of Paraíba, is in this possibility. He could have taken the matter to the plenary when Pacheco spent a week in Rome. At the very least, this impasse must be brought to the plenary. In order, the greatest power among the senators is in the plenary, then the Board of Directors and the president in third. The Presiding Board, or Executive Committee, can be convened to decide or the plenary should be provoked to vote on the inclusion of the name of the nominee to the Supreme by the President of the Republic. There is, therefore, a chain of errors and omissions in this incredible story where a senator hijacks the agenda of the entire Senate.

*This text does not necessarily reflect the opinion of Jovem Pan

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