The Official Gazette of the Union (DOU) of Tuesday (24) brings an ordinance that establishes criteria and guidelines for the execution of parliamentary amendments in the 2025 budget.
The text is dated Monday (23) and was signed by the Minister of the Civil House, Rui Costa. The ordinance provides guidelines for the execution of state bench (RP 7) or permanent commission (RP 8) amendment schedules and is already in force.
On Monday, Federal Supreme Court (STF) minister Flávio Dino suspended the payment of R$4.2 billion in parliamentary committee amendments and called the Federal Police (PF) to investigate the “capture” of these amendments.
In reaction, Senator Ângelo Coronel (PSD-BA), rapporteur of the 2025 Budget, said that the decision “harms Parliament”, affects the relationship between the Powers and should delay the vote on the piece, which could be delayed until the end of February or early March.
Palácio do Planalto feared that the decision could contaminate the vote on the 2025 Budget.
State bench amendments
For state bench amendments, the ordinance determines that the structuring investment projects that can receive these resources are those defined in the budget guidelines law or registered as determined by the Constitution – a centralized registry of investment projects containing, by state or Federal District, feasibility analyses, cost estimates and information on physical and financial execution.
The generic designation of programming “that could result in the execution of construction investment projects by multiple entities or entities is prohibited, with the exception of projects for the metropolitan region or integrated development region, whose amendments must precisely identify their object” says the text.
For public actions and equipment considered a priority for the state represented by the bench indicating the amendment, there are two points of observation.
It is prohibited to present amendments whose programming could result, during execution, in voluntary transfers, agreements or similar, to more than one federative entity or private entity. There are only reservations for transfers to municipal health funds.
The allocation of resources to other states is permitted, as long as it is the entity’s headquarters and that it is headquartered in a federative unit different from the state of the bench in which the acquisition of equipment or provision of services will be made.
Finally, in the event that the bench amendment schedule is divisible, the object must be precisely identified and each independent part cannot be less than 10% of the value of the amendment.
For these amendments, the provisions of Complementary Law 210/2024, which deals precisely with the implementation of the amendments in light of the budget law, still apply, where applicable.
Commission Amendments
For commission amendments, the ordinance provides general criteria for carrying out actions of national and regional interest.
These actions must be defined by sectoral and regional planning and plans; they must be aligned with at least one of the objectives of the Multi-Year Plan (PPA) to which they are linked; and there must be no other agreement, transfer contract or similar instrument with execution not initiated with the same object and state or entity.
Permanent committees need to precisely identify the object, and the generic designation of programming that may include different budgetary actions is prohibited.
The ordinance also contains four specific criteria for program actions, in the areas of Reconstruction, Expansion and Deepening of Social Participation and Democracy; Public and Government Communication; Institutional Security; and Youth: Rights, Participation and Good Living.
The appointments of the commissions, in regulatory terms, must also comply with the provisions of Complementary Law 210/2024.
Guidelines
The ordinance determines that the budgetary and financial execution of commission amendments may prioritize indications intended for entities in a situation of emergency or public calamity or that have been the subject of participatory processes by the beneficiary entities.
Decrees of calamity or emergency situations must be recognized by the Union.
Participatory processes with priority for execution must be informed in the process of submitting proposals by beneficiary entities on Transferegov.br, providing information such as a website with calendar, rules, participating public and priorities.
The text also recalls that the growth limit of parliamentary amendments to annual budget bills, as set out in Complementary Law 210/2024, does not remove the provision of the Constitution that allows for a reduction in expenses in the event of a risk to meeting the fiscal target.
Finally, an alert is made that reinforces that the bodies executing the amendments need to observe the hypotheses of technical impediments to the execution of these measures, also in accordance with LC 210/2024.
