Barroso called a vote in the virtual plenary to analyze the return of transfers, which had been blocked since August
The STF (Supreme Federal Court) unanimously endorsed this Tuesday (Dec 32, 2024) the decision of Minister Flávio Dino who. Here is it (PDF – 546 kB).
The session was held in a virtual plenary (when there is no debate) in an extraordinary session called by Barroso after a request from Dino on Monday (Dec 2). According to the President of the Court, the request was accepted by “substantiated exceptionality of the case”.
In addition to Dino, who is the case’s rapporteur, the president of the STF, Roberto Barroso, and ministers Alexandre de Moraes, Edson Fachin, Gilmar Mendes, Dias Toffoli, Cristiano Zanin, Cármen Lúcia, André Mendonça, Nunes Marques and Luiz Fux.
Dino’s demands for the amendments to be returned, however, at a time when the government needs support in Congress to approve measures in the fiscal package later this year.
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Transfer payments had been suspended since August following a decision by Dino himself, who demanded greater transparency in the allocation of amendments. With the release, Dino meets the demands of deputies and senators, which could unlock expensive votes for the government in Congress.
After the approval of stricter rules for allocation, and pressure from Congress, Dino determined in a decision this Monday the resumption of payments, but imposed some reservations for each modality. Read below:
- rapporteur amendments (RP-9), known as the “secret budget”, and committee amendments (RP-8): they are only released with the proper identification of congressmen, and it is up to the Executive to assess transparency and release on a case-by-case basis;
- Pix amendments: can be paid with due presentation of the prior work plan. Amendments of this modality prior to 2025 have a period of 60 days to present a work plan;
- bench splices: their values must be allocated jointly by congressmen, without there being any “apportionment” of the values. An audit will be carried out by the CGU (Comptroller General of the Republic) in October 2025;
- amendments aimed at NGOs: They can only be released with proper publication on websites. Without this, there can be no release of either old or future transfers; and
- amendments aimed at Health: they need technical indications from the federal manager, with the need for approval by the bipartite and tripartite commissions of the SUS (Unified Health System). Without prior approval, the amendment will not be released.
In addition to restrictions on transfers, the judge also establishes a limit on the evolution of spending on amendments. It was decided that the amount cannot grow indefinitely and, from 2025, the lowest of 3 parameters must be used: the fiscal framework, the variation in Net Current Revenue or the evolution of the Executive’s discretionary expenses.
