Ainda nos primeiros meses de seu terceiro mandato, o presidente Lula anunciou que não adotará a lista tríplice da Associação Nacional dos Procuradores da República (ANPR) como critério para a escolha do novo chefe da Procuradoria-Geral da República (PGR). Apesar da ruptura com uma tradição iniciada por ele próprio, o gesto não foi visto com maus olhos nas demais esferas de poder: o próprio presidente do Congresso Nacional, Rodrigo Pacheco (PSD-MG), afirmou não ver problemas nisso.
Caso siga adiante com a decisão, Lula será o segundo presidente no século 21 a descartar a lista tríplice da ANPR, sucedendo a tendência iniciada por Jair Bolsonaro com a escolha de Augusto Aras. De acordo com especialistas, esse enfraquecimento da lista não acontece por acaso: além do trauma sofrido pelo petista com a operação lava-jato, o próprio corporativismo no Ministério Público comprometeu a força da lista.
“A grande questão é que, fora a ausência de base constitucional, a ausência da base legal, essa prática [lista tríplice] reproduz interesses corporativos, que são interesses daquelas pessoas que compõem essa carreira. Isso não significa que eles estarão em consonância com os interesses da sociedade e da administração pública”, observou o advogado Antonio Rodrigo Machado, professor de Direito administrativo do Instituto Brasiliense de Direito Público (IDP).
O jurista ressalta que, por ser um órgão independente, a PGR não precisa agir de forma necessariamente alinhada aos interesses do Poder Executivo. Os anos de funcionamento da operação lava-jato, porém, “demonstraram que o Ministério Público também possui interesses não-republicanos, interesses da sua própria vontade enquanto instituição, capturada pelo interesse daqueles que estão à frente desse órgão”.
A lava-jato foi o principal episódio a gerar críticas nesse teor, com os abusos cometidos chegando a pautar inclusive o discurso de Arthur Lira (PP-AL) ao vencer pela segunda vez o pleito para presidente da Câmara dos Deputados. “Transformaram denúncias, que deveriam ser apuradas sob o manto da lei em verdadeiras execuções públicas. Empresas foram destruídas, empregos foram ceifados, reputações jogadas na lata do lixo”, declarou.
O cientista político André Pereira César explica que o temor pelo corporativismo na cúpula da PGR é um fenômeno já bem estabelecido na classe política. Por outro lado, também existe a preocupação com relação ao excesso de discricionariedade no atual modelo de indicações ao se observar os episódios mais recentes na atuação do parquet.
“A atuação do Augusto Aras foi péssima. Nesse sentido, se alimentou o outro lado, a cobrança por alguém que respeite a categoria. Ele conseguiu manchar de certa forma a imagem da PGR, e isso foi grave, é algo que não se pode repetir”, relembrou. Apesar de elogiado por encerrar os abusos cometidos na lava-jato, Aras acumulou críticas ao longo de seu mandato por não dar andamento a diversas denúncias contra o ex-presidente Jair Bolsonaro, chegando a receber o apelido de “engavetador-geral da República”.
A tendência, nos próximos anos, na visão dos dois especialistas, é de discussão no futuro próximo sobre a criação de novos critérios para a escolha da chefia da PGR. André César considera que o próprio presidente pode acabar pautando esse debate. “O Lula do terceiro mandato é um Lula com muita mágoa, com muita vontade de revisar certas práticas. A questão da PGR pode entrar nesse pacote”, antecipou.
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