Election Emergency PEC is illegal. Suitable for illegal government

Contrary to what Jair Bolsonaro saidThe judiciary is overly tolerant of the excesses of its government. We’ll see.

This Thursday, when the Senate votes – and certainly approves – the PEC Paulo Guedes and his gang, formerly called “kamikaze”, will cross a new threshold in the management and manipulation of public money at election times. By the way: While the issue was being discussed in the parliament yesterday, the voting was postponed to today, Jair Bolsonaro was speaking to businessmen at an event sponsored by the CNI (National Confederation of Industry). What was clear, the conversation was empty. It was confusing most of the time. It cannot be otherwise. The gang lost their way a long time ago.

Let it be noted: No government has so blatantly disrespected the law at the ballot box to be re-elected. And public accounts be damned. As you know, Bolsonaro has already given up on federal revenue and set an ICMS ceiling on the states. As a result, he tried to lower the price. fuels in force. Here and there, there is already a decline. But this happens at such a height that it does not drastically change the reality of the consumer. Turning the votes isn’t enough, Centrão considered.

Initially, they considered the Fuels PEC, which would allow the federal government to reimburse states with zero ICMS on gas and diesel. The measure will be valid until the end of the year. But then the fear came: what if the federated entities didn’t agree? Imagine the impact of returning tax collections in January 2023. The bomb would fall into the lap of the governors. It was then concluded that the best thing to do is to focus on the benefits for more specific groups. This is how the PEC of fuels became “PEC Kamikaze” again

Senator Fernando Bezerra (MDB-PE) played a role in the government’s original text, along with Planalto, and decided to make a package estimated at 38.75 billion. The text can also be called the PEC of Desperation. And how would that money be spent? Well:
– Auxílio Brasil: Increase in monthly payments from R$400 to R$600 and registration of 1.6 million new families. Cost: R$26 billion;
– “Coupon” Truckers: monthly payment of R$ 1 thousand. Cost: BRL 5.4 billion;- Gas Assistance: o
bimonthly benefit increases from R$53 to R$112.60 – the current (average) value of a 13Kg cylinder. Cost: R$1.05 billion;
– Free transportation for the elderly: compensation to the States implementing the tip. Cost: R$2.5 billion;- Ethanol: transfer through tax credits to keep ethanol competitive over gasoline. Cost: BRL 3.8 billion.

It’s worth noting that all other benefits are temporary, with the exception of families being included in Auxílio Brasil, and are only valid until December. If you get the impression that all this effort is about elections, you are obviously right.

Why did Guedes and his men call it “PEC Kamikaze”? Because, frankly, one prefers to spend, to dump public accounts. This R$38.75 billion will fall outside the spending ceiling.

LEGALITY
What is the problem with this PEC? Illegal. It violates Electoral Law 9.504. Paragraph 10 of article 73 is very clear:
“The free distribution of goods, values ​​or benefits by the Public Administration is prohibited in the year of the election, except for public disaster, state of emergency, or social programs that are permitted by law and are currently in the implementation of the budget. cases in which the Office of the Chief Public Prosecutor may encourage monitoring of the financial and administrative execution of the previous year.”

Some want the law not to veto, even temporarily, the amount paid for existing programs, which seems to me an immoral interpretation of the text to say the least. Especially when this supplement is limited to the election year. “Voucher Caminhoneiro” is, of course, a new advantage – it is forbidden without comment.

But wait! Let’s go back to the text. For example, there are exceptions that allow the “War Budget” of the pandemic to be created: public disaster or a state of emergency.

And that’s what the PEC will bring, Bezerra reports: an emergency declaration to justify benefits in an election year. And even? Emergency? Since when have truck drivers been waiting for an answer from the Ministry of Economy? Let’s face it: Bolsonaro is the only one living in a state of emergency: the electoral state of emergency.

TO DECEIVE
The emergency declaration aims to protect Bolsonaro from possible action against his ticket in the TSE. After all, if the electoral law itself makes exceptions, then resort to dictation.

This does not mean, however, that the Supreme Court cannot appreciate a final action against this “urgent” hack, which was invented only so that the government could distribute aid, albeit precariously, at the exit of the polls. get out of the electoral stalemate.

Bolsonaro and his gang count, of course, that no one will appeal to court! If it were, it is even possible that the Court would choose to stay out of the matter so as not to be accused of excessive interference. But let’s be clear: all business is illegal. A non-existent emergency will be declared to distribute a fund to seek votes.

It is a pathologically lawless government.

A NOTE ON CEF
Pedro Guimarães was fired from Caixa. For the crimes he’s been charged with, it’s clear that removal from office is a minor thing if proven. Even because it’s not about punishment or judgment in the crime scene.

It is necessary to investigate the allegations in depth. The evidence starts to show that everyone out there knows what everyone else knows. And apparently the law of silence was in effect.

Moreover: everything indicates that Jair Bolsonaro was also aware of the inappropriate behavior. If true, he not only tolerated it, but always made Guimarães his partner.

TO FINISH
In soft conversation with businessmen at the CNI event, Bolsonaro told Joe Biden that he expressed his concern over China’s alleged over-presence in the Brazilian economy. And at that time, I would ask for more cooperation from the Americans. And he cited the Chinese participation in privatization as an example of this extremism.

What president in this vast world would treat his country’s main trading partner like that?

Let Bolsonaro be the candidate with the most votes in the “entrepreneurs” category, let’s face it, he talks more about our entrepreneurs… Bolsonaro.