In a petition sent to the Federal Supreme Court (STF), the Senate asked Minister Flávio Dino to authorize the release of resources for parliamentary amendments suspended by the magistrate. The Senate’s Attorney General argued that the House complied with all legal requirements for transparency in indicating committee amendments.
“The Federal Senate observed the procedure provided for in accordance with current rules for the implementation of the aforementioned committee amendments, which should be important in promoting the respective efforts, the deadline for which ends tomorrow, December 31, 2024, except for any technical impediments as well as the Executive Branch’s own discretion”, say the Senate’s lawyers.
Last week, Minister Dino sspent the payment of R$4.2 billion in amendments considering that the resources did not meet the transparency and traceability criteria, also determining the opening of a police investigation to investigate the case.
This Sunday (29), Dino released part of the resources so as not to cause further inconvenience with the blockades. Despite the change, he stressed that the letter sent by the National Congress to the Executive to release the resources had “an irremediable nullity”. The STF minister argues that the resources were not approved by the Committees, which were suspended by decision of the President of the House, deputy Arthur Lira (PP-AL), between the 16th and 20th of December.
So with the Chamber lawyerthe Senate argued that Complementary Law 210/2024 could not be valid for defining amendments in 2024, only from 2025 onwards. The legislation defined new rules for the payment of parliamentary amendments and was sanctioned in November this year.
However, the Senate requested that, even if the rules of Law 210/2024 are applied in defining this year’s Budget, that Flávio Dino allows the commitment of resources, making payment conditional on the individualization of amendments required by the STF after the parliamentary recess.
“Although Complementary Law 210/2024 in theory should not achieve the execution of the 2024 budget, but only that of 2025 onwards, if Your Excellency understands it as applicable to the current procedure, we strive for budgetary commitments to be authorized, the consequent payment being conditional on the approval of the individualizations by the committee committee, immediately after the parliamentary recess”, stated the Senate in a petition sent to the minister Flavio Dino.
Understand
In December 2022, the STF understood that the amendments called RP8 and RP9 – nicknamed the secret budget – were unconstitutional. After the decision, the National Congress approved a resolution lasting the rules for distributing resources by rapporteur amendments to comply with the Court’s determination.
However, PSOL filed a lawsuit against the amendments, arguing that the STF’s decision continued to be disrespected and that the secret budget remained in force.
As a result, Minister Flávio Dino ordered the suspension of the amendments in August this year and decided that the transfers must follow certain traceability and transparency criteria. The minister also ordered the Comptroller General of the Union (CGU) to audit parliamentarians’ transfers through amendments to the secret budget.
In November of this year, Complementary Law 210 of 2024 was sanctioned with the aim of meeting the requirements of transparency, efficiency and traceability of parliamentary amendments required by the STF.
