The City Council of Porto Alegre started, this Monday (28), a political mobilization to revoke the law that instituted January 8 as “Patriot’s Day” in the capital of Rio Grande do Sul. The extraordinary meeting in the presidential office agreed that the law will be invalidated until this Wednesday (30).
The repeal project, already filed by councilor Karen Santos (PSOL), will be signed collectively by the councilors. As defined at the meeting, the project will pass more quickly through the committees, being approved in plenary.
:: With the mayor’s omission, Porto Alegre now celebrates January 8 as ‘Patriot’s Day’ ::
In a note, the president of the Chamber of Councillors, Hamilton Sossmeier (PTB), explained that he has closely followed, in recent days, the repercussion of the issue at the national level. He said that, even though the interference of the presidency in legislation filed by councilors is not common, he understood that an official position from parliament was necessary.
“We reached an agreement, with the union of councillors, regardless of parties and ideological issues, for the law to be repealed as soon as possible, through the approval of the existing repeal project in the House”, he clarified. “We will sign and approve it urgently, no later than Wednesday. It is a project that has become collective, a democratic act by the Chamber, ”he said.
:: PGR sues the STF against the law that established January 8 as ‘Patriot’s Day’ in Porto Alegre: ‘Inadmissible’ ::
The initiative to create the date was taken by Bolsonarist councilor and criminal police officer Alexandre Bobadra (PL), who, to be approved, had the inaction of Mayor Sebastião Melo (MDB). The proposal passed through permanent committees of the House in the second quarter of 2023 and went on to be sanctioned by the mayor in June.
Melo remained silent and, thus, the text returned to the Chamber and, in the hands of the President of the House, Hamilton Sossmeier (PTB), ended up enacted. Bobadra had his mandate revoked in the same month by the Regional Electoral Court of Rio Grande do Sul (TRE-RS). By five votes against one, the court accepted the Electoral Judicial Investigation Action (AIJE) presented by three former candidates from the punished councilor’s own party.
PGR sues STF against the law
The Attorney General’s Office (PGR) filed a petition with the Federal Supreme Court (STF) to make the law unconstitutional. The request was signed by chief prosecutor Carlos Frederico Santos, coordinator of the Strategic Group to Combat Anti-Democratic Acts (GCAA). The group was created in response to the coup d’état and was launched three days after the attacks in Brasília.
In the request to the Supreme Court, the PGR states that the law “correlates and links this important civic value (patriotism) to the anti-democratic acts and vandalism that occurred on that date, with the disguised objective of exalting and commemorating practices that directly and forcefully attacked against the Brazilian democratic regime”.
In addition to taking the value of the law passed by the Porto Alegre legislature, the PGR intends that the Supreme Court create a legal thesis to recognize the unconstitutionality of acts of the public power in general that stimulate or encourage commemoration of the coup acts of January 8, 2023. “The drafting of immoral and anti-republican laws is inadmissible,” the petition continues.
Right wants to revoke Day in Defense of Democracy
After the announcement of the repeal of the Law, Councilwoman Comandante Nádia (PP) filed a Bill with the objective of revoking the Day in Defense of Democracy, to be celebrated on January 8, instituted by means of Law nº 13.496, of June 2, 2023. The document is signed by other right-wing councilors: Fernanda da Cunha Barth (PL), Marcelo Rodrigo Bernardi (PSDB), Pablo Sebastian Andrade de Melo (MDB), Idenir Cecchim (MDB), Maria de Lourdes dos Santos Sprenger (MDB) and Monica Leal Markusons (PP).
In the document, the parliamentarians argue that “the date of January 08, a date marked by such controversial events that still have not unraveled our country, should not serve as a symbol of commemoration of any kind. Undoubtedly, this date should not be commemorated, but duly investigated, so that the Day in Defense of Democracy needs to be revoked”. Check out the draft of the project.
In a note, councilor Aldacir Oliboni (PT), author of the Project that creates the Day in Defense of Democracy, understands the action as a retaliation for the Chamber revoking Patriot Day. “If approved, the revocation of the Day in Defense of Democracy will make Porto Alegre a national laughing stock again. After all, January 8 was marked by the invasion of the National Congress, the Federal Supreme Court and the Planalto Palace as a way of attacking democracy, the democratic rule of law and the popular vote. Who signs or votes in favor of the repeal of Defend Democracy Day really defends democracy and the democratic rule of law? ”, he asks.
*With information from the Porto Alegre City Council
Source: BdF Rio Grande do Sul
Editing: Marcelo Ferreira
