Abuse of Authority: Judges and prosecutors protest in Maceió
The Maceió Forum was the stage for a public demonstration by judges, prosecutors, and attorneys from the State and Federal Public Prosecutor's Offices against the proposal—currently being debated in the National Congress—that seeks to punish actions deemed abusive by any authority; according to them, this proposal aims to weaken the fight against corruption in Brazil, "when everyone wants to clean up the country."
Alagoas 247 - The Maceió Forum was the stage, on the afternoon of this Thursday (1st), of a public act led by judges, prosecutors and attorneys from the State and Federal public ministries against the proposal - which is being processed in the National Congress - that seeks to punish the practice of actions considered abusive on the part of these authorities. On the occasion, the demonstrators stated that they believe that the proposal in question has the real objective of weakening the fight against corruption in Brazil, "when everyone wants to clean up the country".
According to newly elected Attorney General Alfredo Gaspar de Mendonça, this afternoon's mobilization – taking place simultaneously in several states across the country – aims to draw public attention to attempts to weaken institutions. In the Attorney General's view, this is not the most appropriate time to introduce specific legislation on the subject, as it could hinder investigations.
"We are all Brazilian citizens with the sole interest of ensuring that Brazilian democracy prevails. And this can only happen as long as the branches of government are independent and harmonious. Above all, they cannot aim for retaliation. Justice cannot and should not live under the shadow of intimidation. The Brazilian population expressed this sentiment when they took to the streets, demanding ethics in all sectors of public life," explained Alfredo Gaspar.
According to Judge Ney Alcântara, the newly elected president of the Alagoas Association of Magistrates (Almagis), the package approved by federal deputies is a form of retaliation against anti-corruption investigations launched throughout the country, such as Lava Jato – whose members of the Federal Public Prosecutor's Office task force even considered a collective resignation in protest against the bill. For the magistrate, Congress is not working to strengthen institutions.
"Without a doubt, the changes promoted by the deputies in the pact presented by the Federal Public Prosecutor's Office represent retaliation. The Judiciary has been responding to society, combating corruption in its various sectors and judging numerous managers for acts of administrative misconduct," stated Alcântara during the event at the Barro Duro Forum.
The project
Even in the face of protests that took to the streets of Brasília, the Chamber plenary approved, in the early hours of Wednesday (30), the report of the project "10 Measures Against Corruption". The main highlight was proposed by the leader of the PDT in the Chamber of Deputies, Weverton Rocha (MA), establishing that magistrates and members of the Public Prosecutor's Office will be held accountable for the crime of abuse of authority whenever they adopt conduct incompatible with their position.
According to the text approved by the deputies, a judge may be held accountable for a crime of responsibility in the following cases: altering a decision or vote already given (except if on appeal); judging when disqualified or suspected of bias; engaging in partisan political activity; acting in a manner incompatible with the honor, dignity, and decorum of their duties; exercising another business function or activity; receiving fees or participation in a process; and expressing, through any means of communication, an opinion on a case pending judgment.
The bill also establishes that any citizen may file a complaint against a magistrate with the court to which they are subordinate. If the Public Prosecutor's Office fails to file a public action within the legal timeframe, the victim may file a subsidiary complaint, as may the Brazilian Bar Association and civil society organizations established for more than one year to defend human rights or civil liberties.
A public prosecutor may be held accountable for crimes of responsibility when: issuing an opinion even when disqualified or suspected of bias; refusing to act; acting in a manner incompatible with the dignity and decorum of the office; receiving fees, percentages, or court costs; practicing law; participating in a business partnership; exercising any other public function, with the exception of teaching; and engaging in partisan political activity.
The proposal is already in the Federal Senate for consideration by the senators. If approved, it will go to President Michel Temer (PMDB) for his signature.
With gazetaweb.com