The New Party filed this Monday morning (18) a Direct Action of Unconstitutionality against the Benefits PEC.
In a 34-page petition, the party points out what it considers four unconstitutionalities:
“i) defect in the procedure that affronts the Constitutional legislative process because it suppressed the right of amendment from parliamentarians, which is essential to the parliamentary mandate;
ii) violation of the fundamental right of the Democratic State of Right to direct, secret, universal and periodic voting, protected by the stony clause provided for in art. 60, §4, II of CR/88;
iii) violation of the individual right guaranteed in the constitutional text (art. 16, CR/88) protecting the stability of the electoral process [e, portanto, do próprio voto] protected by art. 60, §4, IV of CR/88 [registre-se, desde já, que não se trata de defender a anualidade, em si, como clausula pétrea; mas, de proteger a anualidade como um direito fundamental no ano da eleição, quando já em curso o prazo protegido, e, portanto, clausula pétrea decorrente do inciso IV] and
iv) the most serious: the PEC brutally affronts fundamental rights and guarantees as well as federalism itself, by intending to create a new hypothesis of a state of exception, through an amendment.”
In the petition, the party says that “we are not only dealing with a measure that clearly seeks to carry out the free distribution of goods in an election year – which affects the freedom of the vote and affronts the safeguard of annuality already in progress” but that “ It is an amendment that confronts what is most dear and most stable in the constitutional text and which was never imagined to be altered: the hypotheses of a state of exception provided for in the Constitution”.
The party asks for “the suspension of the rules at least until the date of the elections, including the second round”, in addition to a request for information to the National Congress, a hearing from the Attorney General of the Union and a declaration of unconstitutionality of the amendment.
Source: CNN Brasil
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