Minister Flávio Dino, of the Federal Supreme Court (STF), said this Wednesday (21) that the agreement with Congress for the release of mandatory amendments and the so-called “Pix amendments” must be definitively judged by the Court’s plenary. 
This Tuesday (20), the Supreme Court brought together the presidents of the Chamber of Deputies, Arthur Lira (PP-AL), and the Senate, Rodrigo Pacheco (PSD-MG), to resolve the impasse caused by Dino’s decisions, which suspended the payment of amendments until the traceability and transparency criteria of resources were met.
Under the agreement, the Chamber of Deputies and the Senate will have 10 days to regulate the transfer of the amendments. After that, a period will be set for the Attorney General’s Office (PGR) and the Attorney General’s Office (AGU) to respond.
According to Flávio Dino, after Congress complies with the conditions, the Court’s plenary session should issue a definitive decision on the case.
“There will be another decision consolidating more or less what we have, after being seen by the AGU and PGR. The tendency is to take it to the plenary for a final judgment. I think there are good guidelines, good paths that improve the system”, he assessed.
The minister said he believes that the rules will be followed by Congress. According to the agreement, the “PIX amendments” should be allocated primarily to unfinished works, and the mandatory amendments from the benches will be forwarded to structural projects of the states.
“The document does not have this normative force. But of course everyone will comply. The agreement does not end the processes, so much so that the injunctions are valid. The agreement signals the path by which we will reach the end of the process,” he said.
Impositive amendments
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 the funds. This type of amendment requires the federal government to send the expected resources to agencies indicated 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 was 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 1st, 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.
Unanimously, both Dino’s decisions were endorsed by the plenary of the Court on Friday (16).
