Dino releases part of blocked committee amendments

Federal Supreme Court (STF) minister Flávio Dino released part of the R$4.2 billion in commission amendments blocked since last week. In a new decision, the minister released the payment of committed (authorized) resources until December 23, date on which Dino suspended the release of committee amendments.

In the text, Dino determined the release so as not to cause further inconvenience to public entities, companies and workers who were waiting for resources from the amendments authorized before the blockade.

“In order to avoid legal uncertainty for third parties (entities of the Federation, companies, workers), the continuation of the execution of what has already been committed as a ‘commission amendment’ until December 23, 2024 is exceptionally permitted, unless another illegality is identified. in each specific case”, wrote the minister.

Despite the release, Dino cited “insurmountable nullity” in the letter sent by the National Congress to the Planalto Palace that indicated the committee amendments without evaluation by Parliament’s thematic committees. This is because, under current rules, committee amendments must be approved by the corresponding thematic committees, with the approval recorded in the minutes.

“The irremediable nullity that marks the office [encaminhado pelo Congresso ao Executivo]. Its determining reasons are false, the national nature of the amendments – required by Resolution no. 001/2006, from the National Congress – was not verified by the competent body (the Commissions) and the procedure adopted does not meet the governing standards”, highlighted the judge.

Health

In relation to health amendments, Dino authorized, until January 10, the movement of amendment resources already deposited in the Health Funds, regardless of the specific accounts. From January 11th, however, there will be no movement other than from the specific accounts for each parliamentary amendment, as previously decided by the Supreme Court.

Dino also authorized the immediate commitment, until December 31, of the mandatory amendments – which exclude committee amendments – for health, even if there are no specific bills. However, the minister reiterated that specific accounts will be required for the following phases of implementing the mandatory amendments: release, when the government verifies that the service was performed, and payment.

In August, Dino determined, at the suggestion of the Federal Audit Court (TCU), the opening of specific accounts to facilitate the traceability of health amendments. The measure prevents the resources from these amendments from being mixed with the budget of each municipality. Last Friday (27), Dino gave ten days to the Attorney General’s Office (AGU) to clarify the procedure regarding the health amendments.

Understand

In December 2022, the STF understood that the amendments called RP8 and RP9 were unconstitutional. After the decision, the National Congress approved a resolution that changed the rules for distributing resources through rapporteur amendments to comply with the Court’s determination.

However, PSOL, the party that filed the lawsuit against the amendments, pointed out that the decision continued to be in non-compliance.

After the retirement of Minister Rosa Weber, the original rapporteur of the issue, Flávio Dino took over the management of the case.

In August of this year, Dino ordered the suspension of the amendments and decided that the transfers must follow traceability criteria. The minister also ordered the Comptroller General of the Union (CGU) to audit parliamentarians’ transfers through amendments to the secret budget.