Amendments: STF and Congress tension persists with release – 12/03/2024 – Power

by Andrea
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The decision of the (Supreme Federal Court) that authorized, with reservations, the return of payment for parliamentary amendments that had been blocked since August was not well received by Congress.

Parliamentarians are pressing for the release of resources without the constraints imposed by the minister’s decision and demand the terms of the law approved and sanctioned by President Lula () last week. This Tuesday (3), the government entered the field to try to avoid retaliation for the progress of the economic agenda in the Legislature.

If the money blocked by the Supreme Court is not paid, the Ministry of Finance will announce it. This Tuesday, there was an expectation in the Chamber of Deputies that the urgency of two projects in the government package would be voted on, but there was no agreement on the topic.

In a nod to Congress, the (Attorney General of the Union) decided to appeal to the STF to ask for explanations about the . Furthermore, emissaries from Palácio do Planalto also informed congressmen that the government is working to release R$7.8 billion in amendments.

The government’s position in the imbroglio was discussed on Monday night (2) in a meeting between the president and the ministers (Institutional Relations), (Finance) and Rui Costa (Civil House), in addition to the three government leaders.

According to reports, the president was warned that Dino’s decision fell like a bucket of cold water on Congress and sparked a climate of retaliation. The Union’s attorney general, Jorge Messias, participated in part of the meeting.

Parliamentarians complain, for example, about the changes made by Dino in the “Pix” amendments (a type of individual amendment that fell directly into city halls’ cash without any indication of how the money should be used) and in the health amendments.

In the case of the “Pix” amendments already indicated, the minister demanded the presentation of a work plan on the use of the money within 60 days. Health amendments must be indicated, by decision, with prior approval by the bipartite and tripartite commissions of the SUS.

Of the R$7.8 billion in amendments that the government promised to release, around R$3.2 billion are “Pix” amendments.

The AGU asked Dino to reconsider some points of Monday’s decision — which, in the view of President Lula’s allies, could pave the way for a middle ground between the new demands and the . The rapporteur’s vote was followed by the majority of his colleagues on Monday in the virtual plenary session.

In the request, the Attorney General’s Office states that the law “is the result of institutional dialogue, representing a major advance in the regulation of parliamentary amendments in the legal system, by contemplating the consensus reached in the dialogue between the Powers”.

The AGU says there are “clear advances in the traceability and transparency” of the “Pix” amendments, for example, and suggests that the minister abandon the work plan. Regarding the commission’s amendments, the body states that the law “already contains precepts that satisfactorily meet the transparency” required.

Jorge Messias also asks the minister to review the rule for increasing parliamentary amendments in the coming years, with the argument that the new legislation already establishes the general rule of the fiscal framework as a guideline for mandatory amendments.

A leader interviewed on condition of anonymity states that congressmen even discussed the possibility of asking a STF minister to stop the trial (through a request for review) or even present a different vote (so that Dino’s decision could be reconsidered).

To the surprise of parliamentarians, he says, the minister’s decision was made in full less than two hours after the opening of the virtual plenary session. The trial began at 6pm on Monday and ended on Tuesday night with unanimous support for Dino’s decision.

Party leaders hoped that the Supreme Court would decide to impose stricter rules for paying for amendments only from now on, releasing without bureaucracy the approximately R$17.5 billion that has been blocked since August.

A parliamentarian interviewed privately says that, by demanding new transparency measures, the STF in practice ignored one from the Republic a week earlier.

The leader of the government in , Jaques Wagner (PT-BA), stated this Tuesday that the situation will be resolved because “everyone has sense”. The senator also made a point of saying that Palácio do Planalto complied with the agreement made with Congress.

“There was an agreement, the president made it, signed the agreement. The agreement reflected those agreed between all the Powers, government, the House and there [STF]. By the time he got there [Supremo]he fixed the change and put another gear, which was also not there. We are halfway there. It will work out, everyone has sense. Everyone did what was right, but the agreement obliges everyone to sit down and get there.”

Federal deputy Pedro Lupion (PP-PR), president of the ruralist bench, stated that the Judiciary’s stance hinders the progress of the Legislative’s work.

“I cannot see any peace of mind within the Chamber and the Senate with this rush of decisions, and especially with this interference by the Judiciary within the actions of the Legislature”, he stated.

Probable president of the Chamber from 2025, (Republicanos-PB) asked the Judiciary to unblock the amendments to streamline the functioning of Congress and said that the prerogatives of the Legislature need to be respected.

“On the issue of amendments, an agreement was reached between the Powers, where the Executive, Judiciary and Legislative Powers were represented, and Parliament wants this agreement to be fulfilled. We will not give up negotiating these terms”, he stated.

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