Andre Luis Carneiro Buna, Master of Political Science (UFPA), Researcher of Political Institutions: Legislative Process and Control Group

Bruno de Castro Rubiatti, Professor of the Postgraduate Program in Political Science and the Faculty of Social Sciences at the Federal University of Para (UFPA), Coordinator of the Political Institutions Group: Legislative Process and Oversight

The Senate Parliamentary Pandemic Investigation Committee is drawing to a close. Last Wednesday, October 20, Senator Omar Aziz (PSD-AM) opened the penultimate CPI meeting, which will undoubtedly go down in the history of the National Congress. At this meeting, rapporteur Renan Calheiros (MDB-AL) presented and read out the final report of this ad hoc committee, but not before promoting the report’s “leak” to obtain framing and the influence of some controversial points.

This CPI will be one of the shortest in Senate history since re-democratization. In short, it has an impact on society, because without pressure from the minority working in the CPI environment and social pressure from the media influence of the CPI alone, mass vaccination in Brazil could fail.

High popularity of the CPI (66% believe that the CPI is very important for the country).[i]) is an important fact, given the decline in confidence in democratic institutions in recent years, which makes the CPI even more important. The CPI, despite its regrets, has acted under the watchful eye of a population hoping for good results through daily worrying news.

But it is in this environment of support and confidence in the work of the CPI that popular fear comes to the fore. From euphoria and high confidence to the return of disbelief, impunity and “pizza”.

However, the simple fact that the CPI of a pandemic is set in the Senate and that its members will actively pursue it is a feat in itself. The vast majority of requests for CPIs filed with the Senate do not even lead to the establishment of a Commission and, when initiated, cannot be closed with a final report. Since in this house from 1995 to 2015, only 42% of the required CPI was not installed.[ii]…

Of course, the CPI restrictions added to the part describing the closing of this type of commission ultimately lead to the joking and famous phrase: “The CPI always ends with pizza.” However, frequent utterances on television news, news reports and informal conversations do not do justice to the tool. Review all the effects already created since your application.

The popular bad reputation that CPIs always end in pizza is the result of a punitive desire that is very common in Brazilian society, that is, the lack of punishment after an investigation, parliamentary or not, quickly turns into something invalid or organized.

It is important to remember that CPIs correspond to the main function of the Brazilian Legislative Assembly, which, in addition to legislative activity, should also act as an inspector and controller of the executive branch. These ad hoc commissions are part of a complex group of oversight instruments, and while the CPI is one of the most effective oversight vested in the legislature, it has its limitations associated with this power.

It is not that the CPI is riddled with vices that can hinder good progress and investigation of the established fact, however, you can not throw the child with water into the basin.as the punitive argument itself is not supported by the progress and process of institutionalization of the CPI in the Brazilian political system. Because CPI reports that ask legislatures to revoke mandates are not uncommon.

While the CPI cannot directly remove a congressman, it can sign a request to the House Board of Directors that asks parliamentary internal affairs to follow due process and forward it to the Ethics Committee. From this point of view, only the Budget Committee, created in the Chamber of Deputies to investigate the scandal dubbed Os Dwarves of the Budget, proposed impeachment of 18 parliamentarians to the Chamber, which led to the impeachment of 5 MPs in 1994.

In addition, it was the CPI that led to the first impeachment of a senator since 1988: Luis Estevan, then Senator from PMDB-DF, was recalled on the recommendation of the CPI by the judiciary. The same CPI was also responsible for the investigation that resulted in the arrest of former judge Nicolao dos Santos Neto, nicknamed Lalau.

Thus, almost every CPI is completed[iii] generates reports aimed at improving the control system. Legislative proposals, proposals for improving the control and inspection system of the advisory bodies of Congress, and changes in the rules of the legislative chambers are also commonplace.

These are benefits that cross the established fact axis. Indirect benefits that are part of the world visible to the general population, however, govern the political system and its functioning.

Of course, the population’s desire for more severe punishment of those under investigation is not always fulfilled. This fear is shared by members of the Pandemic CPI. CPI Vice President Randolph Rodriguez (REDE-AP) expressed concern about the potential for charges. This fear is persistent, as the control function imposed on the CPI is political in nature and can be mis-characterized by the politician.

However, if CPIs do not correspond to punitive desires, we must point out that legislative innovations take place in the course of the work of these commissions. Over 20 years (1995 to 2015), the CPI in the Senate prepared 60 Bills (PLS), 5 Resolutions Bills (PRS) and 1 Constitutional Amendment (EC).

Legislative products are the result of hearings, debates, public hearings and deliberations that involve improving institutions. In this sense, the CPI pandemic is no exception.

There are 15 PLS and 1 additional account in total. Among them are proposals aimed at combating fake news health management system and criminal law reforms, and changes to the social welfare system to reduce social risks to family members and dependents of COVID-19 victims, in addition to the legislative proposals contained in this CPI, which also recommend from an overall improvement in public administration …

The pandemic CPI has challenged herd immunity and early treatment methods, which have proven ineffective. He liquidated what was conventionally called a parallel advisory office under the president of the republic. He pushed for streamlining the procurement of immunizing agents, questioning the delay in procurement of vaccines.

He drew the attention of the population to the secondary market for the purchase of the vaccine – the Covaxin case. In addition to exposing a case of experiments in hospitals in the Prevent Senior network, with changes in medical records, falsification of death data, and participation in experiments without the prior consent of the patient or family members.

So on Tuesday, October 26, the CPI on the pandemic will meet again to vote to approve the final report. At one time, the CPI worked as an instrument of pressure and control. This prompted the executive branch to submit concrete proposals to combat the pandemic. Despite persistent denial and the speech of the head of government against vaccination, the Ministry of Health was forced to act.

Of everything it has produced so far, the pandemic’s CPI can no longer end in pizza. The political control imposed on the CPI, by its own characteristic, produces results as a result of its creation or during its implementation.

The most reliable and punitive results that the population strives for may not come out. The pressure on impeachment from the head of the executive branch can be fruitless. Blaming 66 people can be slow, which tries to reinforce the idea that Nothing happened same.

It should be remembered that after voting on the CPI report, it will be forwarded to other bodies, such as the Ministry of State, which will be responsible for continuing the investigation or exposing the suspects. In cases involving the President of the Republic, the consideration of complaints will be entrusted to the General Prosecutor’s Office with the approval of the Chamber of Deputies, which is necessary to initiate proceedings against the head of the executive branch.

Other CPI readings will be sent to the competent authorities: the Ministry of Health, the Federal Accounts Chamber, the Federal Council of Medicine and others. Thus, once the CPI is completed, the investigation, investigation and possible penalties will be passed on to other bodies that will become responsible for the continuity of the work and which may receive the attention and demand of public opinion.

Undoubtedly, the CPI of the pandemic will continue to create noise and its effectiveness will be tested. The news will continue to talk about its developments for a long time until the consequences of the established fact investigated by a special commission are resolved. The pursuit of practical results and broad knowledge, in addition to pressure and political control, will continue to affect the legislature and the judiciary.

Notes (edit)

[i] https://www12.senado.leg.br/noticias/materias/2021/07/19/datasenado-73-dos-brasileiros-conhecem-a-cpi-da-pandemia

[ii] Buna, A. PARLIAMENTARY SEARCH COMMITTEE AND POLITICAL CONTROL IN THE SENATE (1995-2015). Master’s thesis in the UFPA Postgraduate Political Science Program. Orientation Dr. Bruno de Castro Rubiatti.

[iii] According to Figueiredo, CPIs are considered complete when they constitute the final vote.