Opposition proposes overturning Lula's decree that increases Janja's power

The leader of the Opposition in the Chamber of Deputies, Congressman Zucco (PL-RS), filed this Monday (13) the Legislative Decree Project (PDL) No. 814/2025, which suspends the effects of Decree No. 12,604/2025 , signed by President Luiz Inácio Lula da Silva. The measure creates an official structure and public positions linked to the Personal Office of the Presidency of the Republic to serve First Lady Janja Lula da Silva, which the opposition considers unprecedented and unconstitutional.

The decree, also signed by Ministers Rui Costa (Chief of Staff) and Esther Dweck (Management and Innovation in Public Services), amends the structure of the presidential office to include the role of "supporting the spouse of the President of the Republic in the exercise of activities of public interest." In practice, the act formalizes a functional and administrative structure for the presidential spouse.

For Zucco, the decree exceeds the regulatory power of the Executive and violates constitutional principles such as legality, morality, and impartiality.

"Lula creates taxes to fund perks, positions, and privileges within the Palace. That's what the nearly 30 tax increases since the beginning of his administration are for: to sustain the machinery, distribute perks to allies, and guarantee the First Lady a royal lifestyle. The taxpayer is the one who foots the bill," the congressman stated.

In justifying the PDL, the congressman argues that the decree represents "usurpation of legislative authority and an affront to the Constitution," as it creates positions and functions without congressional authorization. The text also mentions Normative Orientation No. 94/2025 of the AGU (Brazilian Attorney General's Office), which recognizes the symbolic and social role of the presidential spouse but expressly prohibits the use of public structures, appointed positions, and budgetary resources for this role.

"Brazil is experiencing a fiscal crisis, the people are suffocating with taxes, and Lula responds by creating positions for his wife. It's a mockery of those who work and pay taxes. Congress cannot stand idly by in the face of this absurdity," Zucco declared.

The bill is based on Article 49, Section V, of the Federal Constitution, which grants the National Congress exclusive authority to suspend executive branch actions that exceed regulatory powers. The congressman argues that the Legislature must act to "restore the constitutional limits of public administration" and prevent state structures from being "personalized or privatized for the benefit of family members of the head of the Executive branch."

According to the text presented, there has never been a formalized public structure for the First Lady's role in Brazilian republican history. Zucco classifies the decree as a "serious precedent," which opens the door to "the use of the state apparatus to benefit private agents or the president's family members."

How should the PDL against Janja's increase in power be processed?

The PDL follows the same procedure as other bills in Congress: after being filed, it is forwarded to the relevant thematic committees—in this case, typically the Constitution and Justice Committee (CCJ)—and, once approved, it proceeds to a vote in the Chamber of Deputies. If approved, it goes to the Federal Senate, where it undergoes a similar analysis. Because it is an instrument for legislative oversight of executive actions, it does not require presidential sanction: approval by both chambers is sufficient for it to take effect.

In addition to suspending decrees, other opposition representatives can submit requests for information, summon ministers, request public hearings, oversight actions, and even representations to the TCU or the PGR, increasing political pressure and scrutiny of government measures.

The President's Office has 189 employees

Currently, the President's Personal Office is headed by political scientist Marco Aurélio Santana Ribeiro, known as Marcola — one of Lula's closest advisors.

He commands units such as the Orderly Assistant, the Ceremonial Department, the Deputy Agenda Office, and the Historical Documentation Directorate. Between appointed positions and positions of trust, the office has 189 positions.

The president's spouse does not hold public office and has no official responsibilities. Janja, however, has had the support of her own team since the beginning of Lula's third term. According to an investigation by Estadão , the first lady has 12 employees, with monthly expenses of approximately R$160,000.

In a note to Folha de S.Paulo , the Communications Secretariat of the Presidency of the Republic (Secom) stated that “the regulations establish the legal guidelines inherent to such actions [of the first lady] and contribute to transparency in the exercise of activities”.

Full text of the Secom note on the decree that expands Janja's powers

“Article 8 of Decree No. 12,604/2025, at the point where it includes item XII to article 1 of Annex I of Decree No. 11,400/2023, consolidates Normative Orientation No. 94 of the Attorney General's Office (AGU), which provides for the performance of the spouse of the President of the Republic in activities of public interest.

According to the AGU opinion, available at this link , the spouse plays a symbolic representative role of a social, cultural, ceremonial, political, and/or diplomatic nature on behalf of the president. This voluntary and unpaid role must be guided by the principles of Public Administration set forth in the caput of Article 37 of the Federal Constitution.

Therefore, the regulations establish the legal guidelines inherent to such actions and contribute to transparency in the exercise of activities.”