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• Content confirmed: Facebook posts claim that 1,713,566 signatures can revoke politicians’ mandates, adding that Senators Randolph Rodriguez, Omar Aziz, Renan Calleiros, Humberto Costa, Rogerio Carvalho should be subject to revocation, expulsion and fines. Kajuru and Fabiano Contarato. They also criticize the CPI of the Pandemic, which was reportedly set up to overthrow the president-elect (Jair Bolsonaro).

There are no mechanisms in Brazil to allow abolition of political mandates by collecting signatures from citizens, contrary to what posts posted by Facebook accounts claim, supporting the ability through 1,713,566 signatures…

Currently, there are two Constitutional Amendment Proposals (PECs) in the Senate that call for the withdrawal of mandates of politicians, including senators, but they are under development, that is, they have not been approved.

In a country, elected people can be removed from office only if they are found guilty of committing illegal acts. And according to Federal constitutionSenators lose their mandate only by decision of the Senate or the Electoral Court.

The posts also criticize the CPI pandemic and seven senators: Omar Aziz (PSD-AM), Randolph Rodriguez (Rede-AP), Renan Calleiros (MDB-AL), Humberto Costa (PT-PE), Rogerio Carvalho (PT-SE) , Jorge Cajuru (Podemos-GO) and Fabiano Contarato (Rede-ES). The first three are the chairman, deputy chairman and rapporteur of the committee, respectively.

The author of the original post found in the article was wanted by Komprovoy, but did not respond prior to the publication of this text. The post was also posted on ForçaBrasil’s profile.

How do we check?

We first consulted the sites Camera e do Senate for information on handling projects on this matter. We also interviewed Abraau Luis Filgeira LopezHe holds a Master’s degree in Constitutional Law from the Federal University of Rio Grande do Norte (UFRN).

Finally, looking for the author of the post via a private message on Facebook, but we did not receive a response until this text was posted.

Comprova conducted this review based on scientific information and official data on the novel coronavirus and covid-19, which were available on July 14, 2021.

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Currently, a senator can only be removed from his term of office by decision of the Senate or the Electoral Court, as provided for in section 55 of the Law. Federal constitution…

The same section V of the Constitution deals with the rights and prohibitions of deputies and senators. Under article 54, they are prohibited from entering into contracts with companies or government agencies or from holding paid positions in them; be the owner of a company that signs a contract with the state; hold more than one public elective office or mandate. Doing any of these actions leads to the loss of authority, according to article 55…

Impeachment also occurs in the absence of one third of legislative sessions, suspension of political rights, when the loss of a mandate is determined by the Electoral Court, when it is convicted of criminal liability in a final and non-appealable verdict, and when there is a violation of parliamentary decency.

ABOUT Senate charter establishes that complaints of violation of parliamentary decency are first directed to the Ethics Council. There, a group of parliamentarians should discuss the admissibility of the case and the subsequent investigation. The council reviews the appropriate disciplinary action. After approval by the Ethics Council, the decision must be approved at a plenary session of the Senate.

Attempts

In Brazil, there is no mechanism for citizens to revoke a politician’s mandate in any area chosen by a vote. However, there have been attempts to create such a tool.

The Senate website has at least eight PEC proposals to withdraw political mandates.

One of them is in progress. THE PEC 21, 2015, authored by then Senator Antonio Carlos Valadares, defines that “popular sovereignty will be exercised, in accordance with the provisions of the law, through a popular veto and the right to revoke the mandates of members of the executive and legislative branches, establishing that their mandates can be canceled after two years from day of inauguration “.

In June 2017 Committee on Constitution, Justice and Citizenship (CCJ) approved replacing the original proposal, with the revocation only valid for the office of President. Since then, according to the Senate, the document “ready for discussion at the plenary session”…

Also since 2015 and in progress PEC 8Senator José Reguffa, pursues a similar goal: “to allow the electoral court to withdraw political mandates in all spheres on the basis of a claim filed by any voter.” Speaker’s text, according to the latest update from August 2019.

The rest of the attempts were postponed. In 2015, for example, then Senator Cristovam Bouark proposed PEC 160, which amended the Constitution “to establish that the President of the Republic, Governor of a State or Federal District, Mayor or Senator may lose their electoral mandate by an absolute majority of the electorate of the respective constituency. in accordance with the provisions of the supplementary law, by popular poll of the electoral justice.”

According to the text, there must be a “wide public comment” and the amendment will enter into force as soon as it is published, without the possibility of applying “to mandates in the process of implementation during its term”. But after three years of work, the text was filed in December 2018.

As stated Senate Agency at the time, the project had the same measure as what is called political recall in the United States.

There are also PECs on the withdrawal of political mandates, but these are not related to the senator’s position, as indicated in the message checked here. This is the case PEC 17/2016, which provides for the term of office of the president and vice president.

What the expert says

In an interview with Komprovoy, lawyer Abraau Luis Filgeira Lopez, author of the article “Popular demonstrations and the impossibility of recalling the current election mandates due to dissatisfaction of voters”, published by the Supreme Electoral Court, explains that the change depends solely on the change in the Federal Constitution.

According to him, in other countries, for example in the United States, there is a mechanism known as withdrawwidely publicized when California Democrat Governor Gray Davis went through this process., in 2003 giving way to actor Arnold Schwarzenegger (Republican Party).

“This institution, as we call it, provides an opportunity, during the term of office, for the population of a certain place to express their dissatisfaction with the ruler and to withdraw their mandate, electing another representative instead.”

In Brazil, he stresses, this option does not yet exist. “This type of discussion seems to be very strong when there is a polarization scenario,” he says, explaining that for government officials such as the president and state governors, the path provided for by Brazilian law would be impeachment, but it depends on the demonstration. crimes of responsibility.

In the case of senators, mandates can be revoked if violations are proven. According to him, publications such as those presented here could increase public pressure in an attempt to force a representative to resign.

“To change the scenario, it is necessary to approve the proposal to amend the Constitution, and I especially understand that this change can only move forward, that is, if it is approved now, it can only be valid for mandates that start after the adoption of the law. The possibility of reducing the mandate could not have been created when the representative was elected earlier, since he was elected with a constitutional guarantee that he would complete his mandate, ”he argues.

CPI pandemic

A parliamentary commission to investigate the pandemic has been set up in the Senate to investigate the possible negligence of the Bolsonaro administration in the fight against covid-19. It caught the attention of politicians and was a major factor in the withdrawal of the federal government, according to polls. loss of popularity of the president… As a result, many CPI members have become targets of disinformation campaigns on social media.

CPI has eleven members and seven alternatesof which five are mentioned in the post being tested. Omar Aziz is President of CPI and Randolph Rodriguez is Vice President. Renan Calleiros chaired the rapporteur. Umberto Costa and Rogerio Carvalho hold the position and his deputies, respectively. They are all part of an opposition or independent group to the federal government.

The rumor continues to quote Fabiano Contarato and Jorge Kajura. They are the authors of a criminal case sent to the Supreme Court (STF) to determine whether Bolsonaro committed a malfeasance in office.

BUT news-crime it is based on the testimony of Federal MP Luis Miranda (DEM-DF), who claims to have informed the President of the alleged bribe collection and irregularities in purchasing the Indian vaccine Covaxin. Senators accuse Bolsonaro of not transferring suspicions to the investigating authorities for investigation. The President does not deny that he spoke with Miranda, and has already stated that “he cannot do anything.”

Who posted the fake content?

Posts with fake content were published by three groups in support of President Bolsonaro and his re-election. The same user was responsible for posts in the groups Nação Bolsonarista 2022 and ForçaBrasil, and another user was responsible for posting in the group Aliança pelo Brasil.

The posts were flagged by Facebook as false information after being verified by independent fact-checkers.

Wanted, the author of the oldest post found in the report did not respond to an interview request.

Why are we investigating?

IN your fourth phaseComprova checks for suspicious content about the federal government or about the COVID-19 pandemic, which has reached a high viralization rate. The post tagged here was posted at least 435 times and received 979 responses.

pandemic already more than 530,000 people died in Brazil and has social, economic and political implications. False publications on this topic are circulated with the intention of supporting certain political positions and denying legitimacy to others. For example, Komprova has already shown a lie that the Miranda brothers showed fake receipts purchases of Covaxin to harm Bolsonar.

The allegation that the senators’ mandate could be canceled due to popular pressure has also been verified. Checking AFP, to the facts e Fact or fake…

Fakefor Comprova, it is content invented or edited to change its original meaning and deliberately disclosed for the purpose of spreading lies.