The Chamber of Deputies approved, late this Tuesday afternoon (19), the bill that modifies the rules for parliamentary amendments, supposedly to make them more transparent.
The amendments are a reserve that is part of the Budget, used according to the indication of deputies and senators. The resources are directed by congressmen to their respective electoral bases.
The bill had already been previously approved by the Chamber. However, the proposal had to be analyzed again by the deputies. Now, the text goes to the president for sanction Luiz Inácio Lula da Silva (PT).
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The basic text of the project, in theory, had the objective of ending the impasse involving the National Congress, the Executive Branch and the Federal Supreme Court (STF), which blocked the execution of the amendments, by decision of Minister Flávio Dino.
Despite the imbroglio, the project still does not meet all the transparency requirements required by the Court. The “godfathers” of committee amendments, for example, remain unknown.
Committee amendments began to receive a greater volume of resources after the Supreme Court made rapporteur amendments unconstitutional, the so-called “secret budget”.
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In the Chamber, the maximum limit of eight bench amendments that can be collectively established by parliamentarians from each state was resumed. The Senate had increased this number to ten, which would represent an “extrapolation of the terms agreed with other powers”, according to the project’s rapporteur in the Chamber, deputy Elmar Nascimento (União Brasil-BA).
In relation to individual amendments, priority will be given to those intended for unfinished works. This rule was stipulated in the original text approved by the Chamber, but had been overturned in the Senate.
“Pix Amendments”
The bill also determines new rules for the so-called “Pix amendments”, which have become the target of control bodies. Today, they are passed directly to state and municipal funds, without the possibility of tracking the money.
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According to the new text approved by the deputies, the authors of the “Pix amendments” will have to inform how the resources will be applied – also with preferential allocation for unfinished works.
Municipalities and states must indicate, on transparency portals, the bank branch and current account in which the resources will be deposited.
Health amendments
Deputies rejected a change made by senators that would release parliamentarians from applying 50% of committee amendments to public health actions and services.
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“Removing the obligation for Commission amendments to allocate 50% to public health actions and services goes against the undeniable merit and growing demand for resources to improve and expand health services,” stated Elmar.
Other changes
The project’s rapporteur in the Chamber also rejected the change in the wording of the article that deals with the allocation of individual amendments. The Senate had decided that this category should have “preferential allocation for unfinished works”. The Chamber, in turn, recommended “unfinished works of its own”.
For the rapporteur, “the expansion to all unfinished works reduces the commitment made by each parliamentarian to continue the works initiated by amendments of their own”.
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As one of the constitutional provisions challenged by the Supreme Court deals with the total limits of parliamentary amendments, the project also sets a new value parameter, following the guidelines of the Supreme Court’s decision that provides for “obedience to all constitutional and legal provisions on fiscal targets or expenditure limits” .
Currently, 3% of the Union’s net current revenue in the previous year is directed to parliamentary amendments (2% for individual and 1% for bench) for the following year. This parameter ends up allowing an increase in values above those defined by the new tax regime (Complementary Law 200/23).
According to the approved text, except for amendments to correct errors or omissions, parliamentary amendments for primary expenditure in 2025 will follow the net revenue criterion. In the case of commission amendments, the value will be R$11.5 billion.
In the case of non-binding (commission) amendments, the global value will be that of the previous year adjusted by the IPCA for the 12 months ending in June of the year prior to the one to which the voted Budget refers.
From 2026 onwards, the limit will follow the tax regime rule: correction of the previous year’s value by the Broad National Consumer Price Index (IPCA) plus real growth equivalent to 70% or 50% of the real growth in primary revenue for two years rather, depending on whether or not fiscal targets are met.
Tax framework
In the Senate, the possibility of blocking parliamentary amendments if public spending exceeds the limits of the fiscal framework was excluded from the text. This point was maintained by the rapporteur in the Chamber.
Thus, the final version of the project only allows the government to limit – and not block – parliamentary amendments.
In contingency, part or all of the payment of amendments may be suspended, so that the government can meet the fiscal target. In case of an increase in revenue, the values are unfrozen.
Understand
Authored by the deputy Rubens Pereira Júnior (PT-MA)Complementary Bill 175/24 emerged due to the decision of the Federal Supreme Court (STF) to suspend the execution of parliamentary amendments until rules on social control, transparency, impediments and traceability are defined. The project was initially approved by the Chamber on November 5th.
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