A member of the Public Ministry of the Federal District and Territories for 26 years before becoming minister of the Superior Court of Justice, Rogerio Schietti asked for the floor at the end of the judgment session of the 3rd Section this Wednesday (10/13) to express concern regarding the processing of the Constitutional Amendment Proposal 5/2021 in Congress.
The text, whose admissibility was approved by the Committee on Constitution and Justice, proposes a change in the composition of the staff of the National Council of the Public Ministry and authorizes the election of a national magistrate who is not part of the body – that is, an external magistrate.
According to Minister Schietti, the concern expressed by several members of the MP and other actors in the justice system is that, as drafted, the PEC will fulminate the functional independence of the body, guaranteed by the Federal Constitution.
“I will not go into details, because the subject is public and notorious, but what is at stake is democracy,” stated the minister. Said if members of parquet have failed eventually, the institution — which is larger than any members — has provided a fundamental service for the consolidation of democratic rule.
“In the judgments of the 3rd Section or of the classes, from time to time we criticize isolated initiatives of the Public Ministry. But I can say that, without a strong and independent Public Ministry, we will go bankrupt as a nation”, he said, highlighting the advances in the matter consumer rights, environmental, minority defense, etc.
“Excessive interference in the individual performance of members of the Public Ministry will bring us back to a period when prosecutors were politically persecuted and were even fired from their positions when they affected the interests of high authorities in the republics,” he criticized.
The speech was taken over by Assistant Attorney of the Republic Julieta Albuquerque, who works in the 3rd Section, who defended the rejection of the Proposed Amendment to the Constitution. Minister Laurita Vaz, another who arrived at the STJ via the Public Prosecutor’s Office, also manifested herself in the same way.
“It’s not like this [como propõe a PEC] that we correct what is not good. Everything that is not working must be fought in another way, and not taking away this independence, which is of paramount importance for the Public Ministry to act in benefit of society and democracy,” he said.