Author: Agência Câmara

Source: Portal of the Chamber of Deputies - DF - 10/08/2009

PEC 341/09, which reduces the number of articles of the Constitution, is on the agenda of this week of the Constitution and Justice and Citizenship Commission. The CCJ will decide whether to admit the text, which besides promoting the reduction of the articles, proposes changes such as the end of the provisional measures and the presidential term of five years.

The rapporteur, Sérgio Barradas Carneiro (PT-BA), proposes the dismemberment of the PEC, of ​​deputy Regis de Oliveira (PSC-SP), in two: one that only reduces the text of the current 345 articles to 76 and the other on constitutional changes . For the one that reduces the number of articles, the rapporteur presented an opinion on admissibility. For the one that includes changes in several points of the Constitution, Sérgio Barradas Carneiro suggests an independent procedure, as a new proposal.

Simplification
The deputy says he is in favor of a leaner constitution. First, because, according to him, the proposal does not hurt the so-called "stone clauses", preserving points such as individual rights and guarantees, the separation of powers and the universal, secret and periodic vote. Second, he believes that by removing a good part of the Constitution's themes, it will be easier for Congress to approve changes such as the Tax Reform. Sérgio Barradas recalls that today any constitutional change requires 308 votes in the House.

“Every government that takes over seeks to form a majority with 360 deputies in 513. Precisely because our Constitution is very extensive and governments need to change the Constitution to advance certain issues. This generates the physiologism, clientelism and cooptation of deputies. A lean Constitution will certainly mean that governments have to organize themselves in a simple majority, as is the case everywhere in the world ”.

Change reviews
Themes such as health, education and social security would come out of the Constitution. To avoid a legislative vacuum, the text foresees that everything that is suppressed will be valid until it is regulated by law. Even so, the Brazilian Bar Association promises to pressure CCJ deputies to file the proposal. The chairman of the Legislation Committee of the Federal Council of the OAB, Marcus Vinicius Furtado, warns that important matters would be subject to eventual majorities from Parliament.

He says the downsizing of the Constitution is elitist, unnecessary and unconstitutional. “Elitist, because it removes from the Constitution absolutely important issues to ensure a greater dignity in the life of the population, such as education, health and protection for retirees. Unnecessary, because there is no plausible justification, a scientific study, an agreement from the legal community in the sense that such a reduction will represent benefits to society. Unconstitutional, because, although it is called the Constitution amendment, this proposal is a true revision of the Constitution, such is its intervention in the constitutional order. The derived constituent power - in this case, the National Congress - can only amend the Constitution; he cannot carry out this broad revision of the Federal Constitution ”.

This week, the OAB should send a study to CCJ deputies with analysis by Brazilian and foreign jurists.

Reportage - Alexandre Pôrto / Rádio Câmara
Edition - Paulo Cesar Santos

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