Misleading: A video that claims that President Jair Bolsonaro (PL) approved a provisional measure that would end paid vacations in 2023 is misleading. of covid-19 from that period. The MP was rejected in September 2021 by a majority in the National Congress and was later shelved. Thus, it will not eliminate paid vacations, 13th salary or the Severance Indemnity Fund (FGTS) next year. The original text of the MP, sent by the federal government in April 2021, underwent a series of changes in the Chamber of Deputies. The senators then understood that the changes included characterized a mini-labor reform and would have to be part of a bill, not a provisional measure. Therefore, they preferred to reject the text.
Investigated Content: In video circulating on WhatsApp and TikTok, a man claims that President Jair Bolsonaro (PL) sent Congress a provisional measure (MP) that ends paid vacations and other labor rights. In another video on the same topic, a second man says that “yesterday a measure was passed that removes several rights”.
where it was published: TikTok.
Completion of Proof: The videos according to which the President of the Republic, Jair Bolsonaro (PL), sent to Congress in 2022 a provisional measure (MP) providing for the extinction of the right to paid vacations, guaranteed by the Consolidation of Labor Laws (CLT). Bolsonaro actually edited MP that dealt with this topic, but in 2021, in the context of the covid-19 pandemic. O original text aimed at preserving employment and income, guaranteeing the continuity of work and business activities and reducing the social impact resulting from the pandemic. The MP, number 1,045, remained in force for about five months, until it was overthrown by the Senate.
The MP was published by the government on April 27 and was valid until August 25. The measure was approved in the House on August 10th. Presented by deputy Christino Aureo (PP-RJ), the measure underwent several additions in the Chamber and was called a “mini-labor reform” by senators. The approval, 120 days after being published, came to be criticized by specialists and union movements for proposing to change several rules for workers. The approved text does not mention any change in the right to vacation.
The measure was rejected in September 2021 by a majority in Congress and was later shelved. As it was not approved, the MP will not affect paid vacations, 13th salary or FGTS. The original text of the MP underwent a series of changes in the Chamber of Deputies. The senators understood that the changes included characterized a mini-labor reform and would have to be part of a bill, not a provisional measure. Therefore, they preferred to reject the text.
misleading, for Comprova, is content taken from the original context and used in another so that its meaning undergoes changes; that uses inaccurate data or that leads to an interpretation different from the author’s intention; content that confuses, with or without the deliberate intent to cause harm.
Scope of publication: Comprova investigates suspicious content with the greatest reach on social networks. The first video posted on TikTok had over 185,000 interactions as of October 31, with 84,000 likes, 6,716,000 comments, 94,800 shares and around 1.7 million views. The second video, also published on TikTok, reached more than 182,000 interactions by October 31, with 84,300 likes, 4,961,000 comments and 93,600 shares, in addition to 1.9 million views.
What does the publisher say?: Comprova was unable to contact the authors of the publications. The social network TikTok does not allow direct messaging without both parties following each other.
How do we check: Comprova carried out Google searches for the keywords “MP 1,045”, “vacations” and “Bolsonaro”. It was possible to find the official post of the MP cited in the analyzed videos, in addition to the publication on the MP vote. The measure was in force for about five months in 2021, but was later banned by the Senate floor, with 47 votes against, 27 votes in favor and one abstention. In addition, it was possible to find a verification of the content on the Agency’s website Magnifying glass.
MP text
The measure, published on April 27, 2021, presented five topics from a “New Emergency Employment and Income Maintenance Program”, which provided for: payment of the emergency benefit to maintain employment and income; proportional reduction of working hours and wages; and the temporary suspension of the employment contract.
THE MP 1045 won approval in the House in August, but was rejected by the Senate later on the 1st of September. In his vote against the proposed measure, the rapporteur, Senator Confúcio Moura (MDB-RR), withdrew the changes to the CLT and maintained the creation of the three new employment generation programs. Despite this, most senators preferred to reject the matter as a whole, fearing that the MP would return to the Chamber and federal deputies would reintroduce the so-called “jabutis” – jargon used when a topic unrelated to the original text is inserted in the legislative proposal. .
What is an interim measure
The rules on issuing a provisional measure (MP) are in article 62 of the Federal Constitution. As provided in Chamber, provisional measures are legal tools used by the President of the Republic in urgent situations for the country. This instrument has the force of law and enters into force at the same time that it passes through the National Congress. In addition, MPs can have a term of validity of up to 120 days and depend on approval in the House and Senate for them to gain the status of law in an official way.
Processing an MP
The deadline for approval of an MP is 60 days, automatically extendable for an equal period if the vote in Congress is not completed. If the provisional measure is not considered within 45 days from its publication, it enters an emergency regime, with the suspension of all other legislative deliberations.
Within two days (48 hours) after the publication of the provisional measure, the president of the National Congress appoints a mixed commission, made up of 12 senators and 12 incumbent deputies (with an equal number of alternates), responsible for analyzing situations such as relevant constitutional assumptions. and urgency, merit and financial and budgetary adequacy of the actions proposed in the text.
Presented and discussed, the text of the rapporteur goes to the vote by the collegiate, becoming an opinion of the mixed commission when approved. The opinion may decide to approve the MP; by the presentation of the Conversion Law Project (PLV), when the original text of the MP is changed; or by the rejection of the matter, with the opinion being obligatorily forwarded to the plenary of the Chamber of Deputies.
After analysis by the mixed commission, the MP goes to the Chamber. The quorum for voting is a simple majority (half plus one of the deputies present in plenary).
If it is rejected, the provisional measure has its validity and processing ended and is archived. If approved (in full or in the form of a PLV), it is sent to the Senate.
The quorum for voting in the Senate is also a simple majority (half plus one of the senators present).
If rejected, the matter has its validity and processing ended and is archived. If approved in full, the MP is sent for promulgation.
If the PLV received from the Chamber of Deputies is approved without changes in merit, the text is sent to the President of the Republic for sanction.
If the PLV received from the Chamber of Deputies with amendments on merit is approved, the matter returns to the Chamber of Deputies, which deliberates exclusively on the amendments.
If the provisional measure is approved, as a result of preference over the PLV of the Chamber of Deputies, the matter returns to the Chamber of Deputies, which will exclusively deliberate on the provisional measure.
In the event of approval of a new PLV, the matter returns to the Chamber of Deputies, which deliberates exclusively on the PLV offered by the Senate.
why do we investigate: Comprova investigates suspicious content that goes viral on social media about the pandemic, public policies of the federal government and presidential elections.
Other checks on the topic: In recent checks, Comprova found to be misleading that Paulo Guedes announced a reduction in pensions. was also found video distorting Bolsonaro’s statement about ministry to Collor. Another check concluded as false the issue of supposed reform that would end the pension of people with disabilities.
This weekend, the Comprova team joined 6 other fact-checking initiatives in Brazil to jointly verify misinformation about the elections. The partnership brings together AFP, Aos Fatos, Boatos.org, Comprova, E-Farsas, Fato ou Fake and Lupa.
Investigated by: Correio do Estado, Portal Norte and O Povo; Verified by: Correio Braziliense, Estado de Minas, O Popular, A Gazeta, Uol, Imirante.com, Crusoé, SBT, SBT News, Nexo, Folha de S.Paulo and Grupo Sinos
Source: CNN Brasil
