Amendments: understand the next steps in the STF after approval in Congress

by Andrea
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Congress finalized, last Tuesday (19), voting on the complementary bill.

The text was approved in the Chamber with 356 deputies in favor and 35 against. Now, it goes to President Luiz Inácio Lula da Silva (PT) for sanction or veto. The decision must be made within 15 working days.

Analysis of the proposal is only expected to be carried out by the Federal Supreme Court (STF). The text that will be published in the Official Gazette of the Union (DOU) will be included in the case file.

With this, Minister Flávio Dino will make his report on the case, verifying whether his determinations were met. Subsequently, the report will be taken for discussion in the plenary.

In August, parliamentarians until Congress issued rules respecting transparency and traceability criteria.

According to the judge, execution will only be viable when the Legislative and Executive Powers fully comply with the determinations of the STF Plenary, which considered the practice of the so-called “secret budget” unconstitutional.

Divergences

In the vote in the Chamber, the deputies withdrew, among them:

  • limiting the number of projects benefiting from collective amendments;
  • and the inclusion of the Federal Audit Court (TCU) as a supervisor of the amendments available to each deputy or senator.

During the processing of the matter, Planalto also tried to include the possibility of blocking the value of the amendments in the event of an unexpected increase in the Union’s expenses. Without support from leaders in the Chamber, the issue was left out of the final text.

Civil society entities and experts in Congress claim that the project fails in several of the Judiciary’s requirements.

According to the Senate, the project mentions the incorporation of most of the requirements, but does not create practically any measures to apply the rules. This would maintain the situation of unconstitutionality found by the Judiciary.

The entities Transparência Brasil, Transparência Internacional and Contas Abertas published a joint document that points out at least six flaws in the project.

It includes serious traceability flaws, such as the possibility of parliamentarians indicating an amendment without disclosing who sponsored the transfer, or the lack of any punishment if the money from an amendment is used for a project that has no relation to the initially approved project.

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