Congress shall assess Provisional Measure for guarantees for HST

When Carnival ends, the year begins in earnest. After one week with Congress largely empty, congresspeople and senators resume their work and seek to intensify the pace of voting in the plenary sessions and also get work started in the commissions. In the Brazilian Congress, the Congresspeople need to analyze controversial Provisional Measures and can also appreciate the controversial project of environmental competences.

The Provisional Measures that are holding back the agenda of voting sessions in the ordinary sessions of the Brazilian Congress includes Provisional Measure No. 510/10, which had a controversial amendment included by the rapporteur, Congressman Hugo Leal from the Christian Social Party (PSC) of the State of Rio de Janeiro.  The amendment establishes a distinctive regime for the tenders of work intended as preparation of the 2016 Summer Olympic Games, which could come up against the obstruction tactics used by the opposition.

In previous measures of a similar ilk, like Provisional Measure 503/10 which addressed the issue of the Olympic Public Authority (Autoridade Pública Olímpica – APO), a similar amendment was also included, but was later removed by the opposition.

Also as part of the agenda, the congresspeople need to discuss and vote Provisional Measure No. 511/10, which authorized the Federal Government to guarantee a loan of up to R$ 20 billion (US$ 11.99 billion) for the consortium that comes out a winner in the tender process for the construction of the High Speed Train (HST), better known as the bullet train. This Provisional Measure got to be the subject of a claim of unconstitutionality, lodged by the Popular Socialist Party (PPS) in the Brazilian Federal Supreme Court (Supremo Tribunal Federal – STF), under the allegation that the matter is not urgent and, therefore, shall not be dealt with by a provisional measure (Please see below for the other Provisional Measures of the Brazilian Congress).

In the extraordinary sessions, the expectation is that there shall be the voting of the Bill of Law that ensures broadband Internet provision in all state-owned schools in the country until 2013 (Bill of Law No. 1.481/07). Attempts to vote this proposal have been more intense since last year, when the Government established this matter as one of the priority areas. However, according to the President of the Brazilian Congress, Marco Maia, from the Worker’s Party (PT) of the State of Rio Grande do Sul, in order to be analyzed the Bill of Law must also have the approval of the party leaders, who shall be meeting next Tuesday, 15 March.

Intense Voting Sessions

At the plenary sessions of the Brazilian Senate, the Federal Government may prioritize the voting of the Bill of Law that sets the standards of competence and co-operation between the Federal Government, States and Municipalities with regard to environment licensing issues. Controversial, this proposal does not have the support of environmentalists, who have criticized changes to the text made by the congresspeople.

These changes include amendments included in the text to cater to the industrial and agribusiness segments. This proposal gives more power to the environmental organizations of the states and also removes competences from the federal sphere, represented by Ibama. According to environmentalists, the change may, among other things, result in the Federal Government not being allowed to apply penalties in regional work projects with environmental irregularities.

In the Senate, attention has also been directed to the Commission for Political Reform that, this week, intends to analyze four issues: deputy senators, the date of appointment of the Heads of the Executive, adoption of optional voting, and the re-election of mayors, State Governors and the President of the Republic. These shall be the first two debates out of a series of seven which have been scheduled up to the beginning of April.

The corridors of the Senate Commissions shall also be very busy thanks to important voting sessions. In the Commission for Constitution and Justice (Comissão de Constituição e Justiça – CCJ) there shall be the analysis of two projects in the interest of society. One of these, Bill of Law No. 160/08, makes the process for adoption of abandoned or homeless orphans simpler, cheaper and quicker. On the agenda, there is also a Bill of Law that punishes unworthy heirs. The most representative case is that of Suzane von Richthofen, who did not have the right to any inheritance. The young lady was convicted in October 2002, for having  murdered her parents.

The Commission for Economic Affairs (Comissão de Assuntos Econômicos – CAE) plans to vote, next Tuesday (15 March), the Bill of Law which sets up the National Pro-Reading Fund (Fundo Nacional Pró-Leitura), to make feasible the National Book Policy which was implemented by Law No. 10.753/03. In the Commission for Social Affairs (Comissão de Assuntos Sociais – CAS), the expectation is that of voting  a Bill of Law which makes it compulsory for employees working in the electricity segment to have personal accident insurance, and also the proposed Law that makes it mandatory for the  laboratory analyses arising from inspections conducted by Anvisa and by the Ministry of Agriculture to be posted on the Internet.

Please check out the other Provisional Measures (Medidas Provisórias – MPs) that are slowing down the activities of the Brazilian Congress:

– MP 508/10: grants an extra financing credit of R$ 968 million (US$ 580.34 million) to the Ministry of Education for reinforcement of the national programmes for Support to School Transport (Pnate) and School Meals (Pnae);

– MP 509/10: extends, from November 2010 to 11 June 2011, the legally established period in which the Brazilian Post Office (Empresa Brasileira de Correios e Telégrafos – ECT) has to conduct bids for franchises of their services;

– MP 512/10: grants tax breaks to the automobile industries established in the North, Northeast and Midwest regions, when associated to projects for new investment or research;

– MP 513/10: authorizes the Fund for Compensation of Salary Variations (Fundo de Compensação de Variações Salariais – FCVS) to take on the rights and obligations of Housing Insurance, of the Financial Housing System (SH/SFH);

– MP 514/10: establishes details of new rules for the second stage of the My House, My Life programme (Minha Casa, Minha Vida), allowing commercial activities in housing estates for low-income families.