What are the chances of an administrative reform with a new opinion

The political climate for administrative reform has changed 180 °. If almost three months ago the scenario was bleak for the defenders of a restructuring of the State, today the environment is subject to the approval of the opinion of the rapporteur of the draft amendment to the Constitution (PEC) 32/2020, Arthur Maia (DEM-BA).

“The report improves the original text by 1000%. It is an extraordinary advance compared to the [texto] that the government sent, ”said Senator Antonio Anastasia (PSD-MG) on Wednesday 1, during an event of the Parliamentary Front for the Free Market organized jointly with the Ranking dos Politicos website and the Public Leadership Center (CLP) .

The record of Anastasia, vice-president of the Joint Parliamentary Front for Administrative Reform, is devastating. Former Deputy Speaker of the Senate and former Governor of Minas Gerais, he is a respected member of Congress among his peers and also in the House, where he has been one of the main collaborators and articulators of the backbone of administrative reform. : the regulation of performance evaluation management.

The performance appraisal and maintenance of stability of all civil servants in public examinations – one of the main demands of the deputies – were the main changes compared to the original text of PEC 32 transmitted by the government. And these changes are primarily responsible for creating the conditions for approval of the text.

How changes in opinion help push through administrative reform

PEC 32 has been categorized by Anastasia as “performance appraisal management reform”. He recalled when he served, in 1998, in the government of former President Fernando Henrique Cardoso, who approved an administrative reform that included in the Constitution the possibility of dismissing civil servants due to insufficient performance. However, this has never been regulated and, since then, it has been a constitutional “dead letter”.

MP Tiago Mitraud (Novo-MG), chairman of the Joint Parliamentary Front for Administrative Reform, recognizes that performance management regulation is one of the factors that helps create a favorable climate for approval. “As long as a regulatory law is not approved, what is in the PEC is valid. So we have a significant step forward so that the performance evaluation can start to take effect after 23 years,” he said. he evaluated.

Maintaining stability for civil servants is also a matter of peace within the thematic caucus of administrative reform, among independent MPs and even at the grassroots of government. The opposition, of course, is for it.

“I think for a long time there was a very focused discussion about whether or not stability is over. The end of stability is not a ‘quick fix’ that will solve all public sector problems, and it is not a ‘holy mantle’ that could not be discussed, ”Mitraud said.

The end of stability ended up wreaking havoc as if “it was going to solve public administration,” Mitraud said. He believes that the rapporteur’s decision to maintain stability is a correct one, thus creating the conditions for approving the issue in Congress, advancing the possibilities of loss of office as a result of the performance appraisal.

Another point put forward by Arthur Maia’s report and which can be kept as a replacement at the end of stability are the semi-annual evaluations during the three years of the server’s probationary period, which, in the event of insufficient performance, could be terminated. “Today that hardly happens,” Mitraud said.

Political factors that favor the approval of administrative reform

The changes in the report helped create the conditions for approving PEC 32 in special committee and in the House plenary. But to get to the wording presented, a lot of political seams behind the scenes and a lot of dialogue were necessary. As Gazeta do Povo previously reported, President Jair Bolsonaro “withdrew” from the discussion on the issue at the request of political allies and it was up to the Speaker of the House, Arthur Lira (PP-AL), to maintain its commitment as Minister of Economy, Paulo Guedes, and the economic agenda.

The Speaker of the House acted behind the scenes as the government’s “prime minister” and political negotiator to articulate substantial changes that would make it possible to approve PEC 32, even though he was aware of the corporate pressures existing in Congress, even among parliamentarians from the Centrão – and not just from the opposition, generally more in tune with the administration.

The main signs of Lira’s interest in approving PEC 32 were given when he announced a personal ally to chair the special committee on the issue, MP Fernando Monteiro (PP-PE), and chose Arthur Maia as rapporteur. Defogger was one of those that helped divide the DEM and broaden support for Lira in her bid for the House presidency.

Even without Bolsonaro’s influence, the head of government in the House, Ricardo Barros (PP-PR), has remained in close contact with Lira and Maia in recent weeks regarding the preparation of the report. The Centrão, the political group of which they are part, is very pragmatic. There is a greater concern from the grassroots of government about having a reform that can be approved than the “ideal text” that is not approved.

The government leadership is now making political seams and starting to count votes in special committees and in plenary. For the question, the Executive hopes to have the votes of the PSL, the PP and the PL and works to obtain the votes of the Republicans and the PSD. “It is the backbone. The PSL will vote for, the PP and the PL will walk together, without pressure. If the Republicans and the PSD come, it’s over, it’s approved,” said a head of government .

Novo leader Paulo Ganime (RJ) also believes the proposal will be approved by the House. “I think it will pass, even because Arthur Lira wants to have this victory. Because if it is not this year, it will not be next year,” he said, referring to the 2022 electoral calendar.

MEPs promise to fight for improvements to the text

Even if the current report is better and avoids political friction that could contaminate approval, MEPs maintain the defense of improvements to the text. Tiago Mitraud, for example, defends the insertion of technical criteria for the occupation of commission positions and the inclusion of members of the judiciary and the prosecution in the administrative reform.

Author of the amendment which includes judges and prosecutors in the reform, MP Kim Kataguiri (DEM-SP) considers “absolutely unacceptable” to propose an administrative reform without including “the elite of the public service”.

“We must reverse this scenario of a state that concentrates income, poverty and perpetuates social inequalities. It doesn’t even make sense that a state exists if we have a reality in which it takes money from the poor to pass it on to the rich, ”he said.

MP Paula Belmonte (Cidadania-DF) defended the approval of the reform and welcomed it being discussed before a deep tax reform. “There is no point in retyping the ‘house’ and continuing to spend the same thing. Administrative reform is fundamental for us to have the condition of managing and carrying out quality governance,” he stressed.

Favorable to improvement, Mitraud promises to fight against the setbacks of the text. For him, the tendency for a reform such as that suggested by the PEC 32 is “still getting worse” in the votes of the highlights. “I find it hard to get worse in the commission [especial]», Analyzed the deputy, who sees corporate interests in the proposals for highlights in plenary, such as the inclusion of certain categories in the exclusive careers of the reform.

“I think that’s the main pressure point that is going to have. It has already started: ‘a teacher has to have an exclusive career, a health professional [também]’. And the bulk of the seams [apresentadas na comissão especial] they were in this line ”, justified Mitraud. The opinion proposed different salaries to certain exclusive careers, in which it vetoed the temporary work regime and the reduction of wages and working hours.

Although they disagree on specific points of the reform, the members of Novo believe that the current form is “better than not having” reform. What worries them is the inclusion of a category like teachers in this same differential treatment, since it is a class that has many temporary contracts.

“I hope there will be improvements, but being realistic, I think they will try to change everyone for the worse. The whole problem is corporatism,” Ganime said, noting that even among the Centrão, there are members who are sensitive to corporate pressure. “They have opened breaches in the wage freeze in the emergency PEC. In administrative reform, it is a danger that we are running,” he added.

What are the chances of approval of administrative reform in the Senate

Senator Antonio Anastasia is optimistic about the prospect of PEC 32 approval in the Senate, if it goes through the House. He understands that the political temperature “is very good”. “It seems positive to me, but everything is very relative,” he said. In his party, the PSD, he believes that the majority would vote in favor of the reform.

“I can’t say it would be unanimous, but practically that. I think every politician realizes that administrative reform is a relevant issue in which the country must move forward, even when opposing the government,” he said. -he declares. Anastasia said that due to the limited contact she had with the chairman of the Joint Parliamentary Front for the Defense of the Civil Service, Assistant Professor Israel Batista (PV-DF) – who is an opponent of the government – she felt that there were conditions for the debate.

“Reform must be dynamic, administration must be dynamic. There are conflicting themes and propositions, which is the norm of democracy. Reform is essential for more effective government and public power, for all of us. “, he said.

Despite Anastasia’s confidence, the reading made by the government leadership in the House is not the same, especially after the rejection and suspension of provisional measure 1.045, which, amended by deputies, has become a “mini labor reform “. “The Senate does not deliver anything,” criticized a deputy from the government base.

The deputy’s case led Lira to criticize the Senate. The text originally provided only for the renewal of the emergency program to reduce working time and wages in the private sector, but began to provide employment programs – rescue measures of the Carteira Verde e program. Amarela, which lasted a few months in 2020 – and requalifications. Part of them would be financed with resources which, today, are allocated by companies to System S.

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