
A survey of the plenary sessions of Niterói City Hall, carried out using information collected until October this year, reveals that Councilor Benny Briolly (PSOL) leads the ranking of unjustified absences among parliamentarians, with 34 absences recorded throughout this period. This figure represents more than triple the absences of Councilor Rodrigo Farah (Citizenship), who had 11 unjustified absences during the same period.
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The investigation carried out by GLOBO-Niterói, based on the information contained in the legislative system itself, only took into account absences without formal justification presented to the Board of Directors, as provided for in the Internal Regulations. The documents attached to the Chamber’s website do not, however, indicate which days the absences were noted. It also does not present a document for the absences attached in the “excused” tab.
In defense, Councilor Benny, in a statement, said the absences were due to the fulfillment of external agendas, as an official representative of the House. But when asked about the formalities of the events and why the absences were not considered justified, the parliamentarian limited herself to responding that the reasons were recorded in the minutes.
“My commitment to Niterói remains absolute: I work every day, inside and outside the Chamber, to ensure that the demands of our population are met with responsibility, transparency and dedication,” says an excerpt from the note.
Still according to the parliamentarian, her work is not limited to the physical space of the Legislative Chamber, but involves dialogue with various institutions, the construction of public policies and the monitoring of urgent cases, to ensure that the demands of the population are met.
The Internal Regulations provide that the councilor loses his mandate if he is absent, without justification, at a third of the ordinary meetings. Loss of mandate due to excessive absences must be declared by the Board of Directors, after representation by any member of the Chamber and approval of the Plenary Assembly.
In addition to the possible loss of function, unjustified absences have a direct financial impact. According to municipal legislation, each unjustified absence gives rise to a proportional reduction in the parliamentarian’s allowances, including monthly remuneration and possible allowances.
The plenary sessions of the Chamber take place on Tuesdays and Thursdays, from 4 p.m., and are broadcast live on TV Câmara and on the Chamber’s social networks. The presence of councilors is recorded at the start of each session, by roll call made by the President of the Council, Councilor Milton Carlos Lopes, Cal (União Brasil).
Regarding the deductions from the parliamentarian’s salary sheet, Cal informed that he would check the situation with stenographers, the sector responsible for recording speeches and debates in formal environments, such as parliaments and courts. But he also did not present an official document relating to absences from external events.
Farah, president of the Constitution and Justice Commission, denies having so many faults. He claims that of the total that appears in the system, he only had to be absent three times, but he assured that he requested a proportional deduction from the payroll.
— In three situations, I went to represent the Chamber at an external event. And I once arrived late to the plenary, because I am also a doctor and I had an emergency. But the other times (where he didn’t show up) were all justified. This ranking makes no sense for someone active like me,” he argued.
In third position on the list is councilor Renato Cariello (PDT), with eight absences, followed by Leandro Portugal (PSD) and Binho (PDT), with six absences. Councilor Michel Saad (Podemos) had four. The other parliamentarians had one or two absences during the year.
Contacted by the journalist’s team, Saad justified his absences, saying that three of them took place during the months in which he lost members of his family.
— That of September (absence), I confirm the date, but I believe that there was an institutional error, because it was a justified absence due to an external agenda due to Rotativo investigations — said the councilor, referring to the request to the court to cancel the fines of the Niterói Rotativo concessionaire.
In a statement, Leandro Portugal said there was no unjustified absence from his parliamentary activities. According to him, when he is on an external mission, he asks someone from his team to “ask a colleague to record the justification for his absence in plenary. But it may happen that the colleague does not carry out the procedure, either through forgetfulness or because the stenography team does not hear the justification, which results in a lack of registration”, he underlined in the note.
Binho, Leader of the Government in the House, said that the absences mentioned represent approximately 6% of the total and are linked to the “exercise of government leadership” and representation within the executive branch.
If, on the one hand, the Psoloist parliamentarian appears at the top of this list, the leader of the party bench, councilor Professor Tulio, was one of the politicians in the city who did not count absences. The shortlist is closed by House Speaker Milton Carlos Lopes, Cal; Sylvio Maurício (PT) and Antonio Carlos Morett (PSD).
Benny’s colleague defended that parliamentary action is based on three fundamental pillars: within the Chamber, in the supervision of the executive power and in the formulation of public policies.
— It is the advisor’s responsibility to be present at the sessions. My mandate created a routine so that none of my dimensions were harmed. For example, we supervise, carry out visits or external meetings exclusively outside of plenary hours. I make it my duty to study the minutes daily of what will be debated in the House to defend the interests of those who live in the city,” he said.
TCE fines for lack of transparency
Fourteen years after the entry into force of the law on access to information, the Niterói City Hall has still not succeeded in setting up a transparency portal meeting the standards required by the legislation. The chronic failure to comply with transparency obligations resulted in a fine against the Speaker of the Chamber by the Court of Auditors of the State of Rio (TCE), in the first half of this year.
The decision, reported by Councilor Marianna Montebello Willeman, highlighted that the portal “is still in the construction phase and has not reached the required minimum quality standard, despite the law on access to information – Federal Law No. 12.527/11 – dating back to the distant year 2011”. The judge described the situation as particularly serious when comparing Niterói with other municipalities: “The issue takes on even more importance when it is verified that the same administrative measures indicated by this court for other municipalities in Rio de Janeiro, including the smallest, were fully and quickly respected.”
The Access to Information Law (LAI), sanctioned in November 2011, established the obligation for all public bodies to disclose information of collective interest via the Internet, including data on budget execution, tenders, contracts, employee remuneration and organizational structure.
In her vote, Councilor Marianna insistently evaluated the management of parliamentarian Milton Lopes, who has presided over the House since 2019. “The performance of the applicant is reprehensible and demonstrates the lack of effort of his leadership in the Legislative,” she declared, justifying the maintenance of the fine. Milton Lopes affirmed that this depends on the collaboration of other legislative services and the company responsible for maintaining the transparency portal, hired by the municipal executive. But this argument was rejected by the rapporteur.
The President of the Chamber also argued during the procedure that he would subsequently have complied with the decisions of the TCE. However, the rapporteur clarified that late compliance with decisions does not remove or exclude the basis which results precisely from non-compliance with the plenary decision within the deadlines.