The Supreme Federal Court (STF) decided this Thursday (1st), in Brasília, to overturn the constitutional amendment – approved by Congress during the government of Jair Bolsonaro – aimed at boosting social benefits during the 2022 elections. At the time, the case was known as “PEC Kamikaze”.
By majority vote, the ministers understood that the amendment is unconstitutional because it released funds during an election year. With the decision, those who received the aid will not have to return the funds.
The enactment was challenged in the Supreme Court by the Novo party. Constitutional Amendment 123, of July 14, 2022, was approved in the midst of the electoral campaign to create a state of emergency due to the “extraordinary and unpredictable” increase in fuel prices and the social impacts resulting from the increase.
With the enactment, Bolsonaro, then a candidate for reelection, managed to boost social benefits until the end of that year.
The Constitutional Amendment Proposal (PEC) allowed the government to spend R$41 billion on additional expenses to enable the payment of social benefits, which enabled the payment of the Auxílio Brasil of R$600, aid of R$1,000 for truck drivers, gas vouchers and reduction of the tax burden on biofuels, in addition to transfers to states and municipalities.
Rules circumvented
When analyzing the matter, the case rapporteur, Minister André Mendonça, rejected the action because he understood that the effects of the amendment ended on December 31, 2022.
However, the rapporteur’s vote was overruled by the majority of the plenary. Minister Flávio Dino understood that the expenses were approved to circumvent the electoral rules that do not allow the distribution of benefits during the electoral period.
“The president of the Republic, whoever he may be, can do anything, and the mayor of a small town is going to be impeached?”, asked Dino.
Minister Alexandre de Moraes said that the amendment had an influence on the election and that the Judiciary needs to intervene to prevent new illegal measures.
“During the period in which the constitutional amendment was approved, the situation regarding the dollar, inflation and the price of oil was more favorable than in 2021, a year earlier. Despite the effects of the war in Ukraine, there was no emergency situation that was so different from a year earlier,” he said.
The dissent was followed by ministers Edson Fachin, Luiz Fux, Cármen Lúcia, Gilmar Mendes and the president, Luís Roberto Barroso. Nunes Marques rejected the action because he understood that there were no illegalities.
