SAO PAULO – The president of the Federal Senate, Rodrigo Pacheco (DEM-MG), decided, on Tuesday (14), to return the Provisional Measure that President Jair Bolsonaro (no party) edited a week ago, changing the Civil Rights Framework for the Internet and limiting the removal of content posted on social media.
Bolsonaro’s movement, made on the eve of the September 7 demonstrations, served as an additional element to mobilize his support base in acts critical of the Judiciary and in defense of his government and allies.
The constitutionality of the matter was already being questioned in parliament and in the courts. The Brazilian Bar Association (OAB) and the Federal Attorney General’s Office (PGR) – the latter represented by Augusto Aras, Bolsonaro’s ally – have already manifested themselves against the matter.
In the document sent to the representative, Pacheco states that “the mere processing of the provisional measure (…) is already a factor that undermines the performance of the constitutional mission of the National Congress”. According to him, the MP also generates legal uncertainty.
Provisional measures are edited by the President of the Republic and normally enter into force after publication in the Official Gazette of the Union. But, to become a definitive law, the text must be approved by the two legislative houses within 120 days. If this does not occur, the MP “expires” – that is, it loses its validity.
When returning the text ex officio, Pacheco says that “there are exceptional situations in which the mere issue of a provisional measure – accompanied by the immediate effectiveness of its provisions, the abbreviated rite of its assessment, the suspension of the agenda raised by it and its term of expiry – it is enough to reach, in an intolerable way, the health and functionality of the legislative activity of the National Congress and the Brazilian legal system”.
In these cases, he maintains that the presidency of the National Congress is competent to act in the “examination of the conditions of constitutionality, of the validity or the processing of provisional measures in situations that reveal an abusive exercise of presidential competence, capable of reaching the core of the institutional arrangement formulated by the Federal Constitution”.
“The chairman of the board of the National Congress (…) makes it known that Message No. (CN) of September 2021 was forwarded to the Honorable President of the Republic, which he summarily rejects and returns Provisional Measure No. 1.068, of 2021, which “Amends Law No. 12,965, of April 23, 2014, and Law No. 9,610, of February 19, 1998, to provide for the use of social networks”, and declares the end of its proceedings in the National Congress”, he concluded .