Two provisional measures edited by the government of former President Jair Bolsonaro expire this Sunday (5). One of them postponed budget transfers to the culture and events sectors provided for in the Paulo Gustavo, Aldir Blanc 2 laws and in the Emergency Program for the Resumption of the Events Sector (Perse). The text that received 44 amendments.
The other, MP 1,135/2022, limited the use of resources from the National Fund for Scientific and Technological Development (FNDCT). She received 15 amendments.
As they were not voted on in the Chamber, the provisional measures were never sent to the Senate for voting.
Procedure
A provisional measure is valid for 60 days, extendable for another 60. After that, if it has not been voted in both Houses of Parliament (Chamber and Senate), it expires.
The Constitution determines that the legal relations established by an unapproved MP can be defined by Congress, by means of a legislative decree. If this is done within 60 days after expiry, the acts performed during the term of the MP can be validated.
At least another 24 provisional measures are pending voting in the National Congress.
stf
Yesterday, the Plenary of the Federal Supreme Court (STF) referendum injunction that ensured the transfer of resources to the cultural sector.
The decision was in response to the lawsuit, filed by the Sustainability Network against MP 1,135/2022. The MP was even suspended by decision of the STF, which re-established the effectiveness of the legislation created by the National Congress to provide emergency relief to the sector affected by the covid-19 pandemic.
But the Network later informed the Court that the Executive Branch did not provide for the budget execution in a timely manner for the transfer of funds to the cultural sector still in 2022. In view of this, the Network’s request was accepted to ensure that the financial aid allocated by the legislation to the sector can be used during 2023.
