By unanimous vote, 11 to zero, the ministers of the Federal Supreme Court (STF) decided to maintain the individual decision of Minister Flávio Dino that suspended the execution of mandatory amendments by federal deputies and senators to the Union Budget. The decision also validates the suspension of the so-called “Pix amendments”.
The virtual trial began in the early hours of Friday (16). In this modality, the ministers enter their votes into the electronic system and there is no in-person deliberation.
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In the morning, ministers André Mendonça, Edson Fachin, Cristiano Zanin, Alexandre de Moraes, Dias Toffoli, in addition to Dino, formed the majority of six votes to maintain the suspension.
In the afternoon, ministers Luiz Fux, Cármen Lúcia, Gilmar Mendes, Nunes Marques and Luís Roberto Barroso completed the score.
On Wednesday (14), Minister Flávio Dino decided that the transfers of mandatory amendments should be suspended until the Legislative and Executive branches create transparency and traceability measures for funds. This type of amendment requires the federal government to send the expected resources to bodies designated by parliamentarians.
The decision was motivated by a lawsuit filed with the Court by the PSOL. The party argued to the Supreme Court that the model of individual and bench-based mandatory amendments of federal deputies and senators makes preventive control of spending “impossible.”
The minister understood that the suspension of the amendments is necessary to avoid irreparable damage to the public coffers. According to the decision, only amendments intended for works that are in progress and to respond to a public calamity situation may be paid.
Pix Amendments
On August 1, Dino suspended the so-called “Pix amendments”. They are used by deputies and senators for direct transfers to states and municipalities, without the need for agreements to receive transfers.
The minister understood that this type of amendment must follow transparency and traceability criteria. According to the same decision, the Office of the Comptroller General (CGU) must conduct an audit of the transfers within 90 days.
