Chamber should vote proposal later this Thursday; prosecutor argues that the bill will create political interference by Congress on the agency’s decisions
Former Task Force Coordinator Car Wash Operation, Deltan Dallagnol, assesses that the PEC that expands the power of Congress over the National Council of public ministry it is a setback that can end the organ. According to the text, the CNMP will go from 14 to 15 members, of which 4 will be nominated or elected by the Legislative. In an interview with Morning newspaper this Thursday, the 14th, the prosecutor defends that the proposal will create political interference by Congress on the decisions of the Public Ministry. The vote on the text would take place on Wednesday, 13, but was postponed to this Thursday after the president of the Chamber of Deputies, Arthur Lira (PP-AL), not being able to sew agreements for the approval of the PEC. “It’s a big setback. Some colleagues even say that this puts the Public Ministry on death row, which is the end of the Public Ministry. At least it’s the end of the body as we knew it in the 1988 Constitution. That strong, independent Public Ministry that works against political corruption, which bothers people, regardless of their economic or political power,” argued the former Lava coordinator Jet.
“This PEC opens a tremendous space for political interference, for investigated politicians to retaliate against investigators. Furthermore, as if the setback it promotes were not enough, it still makes room for police interference by Congress in reviewing the actions of prosecutors. In other words, if they didn’t like a denunciation, an accusation offered against powerful politicians, they could overturn the denunciations and requests for preventive detention”, he points out. For Dallagnol, the PEC is, yes, a form of retaliation against Lava Jato. “This PEC does not seek to correct. Operation Lava Jato could be criticized. Every large, innovative action can be criticized and improved, but everything that has been done is to destroy the system”, says the attorney, who cites the changes in the Administrative Impropriety Law as an example.
“My perception is that the instruments are not being improved. What was done to curb what is actually criticized in Lava Jato? Nothing. What is being done is to effectively overthrow investigations and lawsuits,” he added. “This to me is weird, it runs away from what is adequate. In addition, the CNMP magistrate, who is the person who has broad powers to investigate other members of the Public Ministry, will become someone appointed by Congress. Can you imagine that inside the Lava Jato?”, he asked. “I have no way of understanding this PEC outside of a context in which there was a Car Wash and that you don’t want a similar operation to happen again.”
Dallagnol also took advantage of the interview to defend the current model of the National Council of the Public Ministry. “There has to be a control, but it already exists. A recent study compared the National Council of the Public Ministry and the National Council of Justice. In the period from 2005 to 2019, the CNMP instituted 18 administrative disciplinary proceedings (PAD) for every 1,000 members, while the CNJ installed 7.74. The MP’s index is 137% higher than that of the National Council of Justice. CNMP applied 10 disciplinary procedures per 1,000 members against four of the CNJ”, quoted the prosecutor. “The CNMP’s punishments and strong actions exist. Perhaps the cases are not of great public repercussion. But there is, yes, an action, a review and a code of conduct. What is being proposed is that the code of dispute comes from Congress. But which profession has a regulation that comes from outside?”, answered Dallagnol.