The minister of the STF (Supreme Federal Court), Flávio Dino, authorized the execution of part of the cases in a decision taken this Sunday (29).
Committee amendments committed until December 23 of this year, when the minister took the decision to block the amendments, could be executed.
In addition, it also allowed the movement of amendment resources already deposited in municipal health funds until January 10, 2025. After this period, the funds can only be moved if it is in a specific account for the corresponding amendment.
Health tax amendments may also be committed until the end of the year. This point was a concern of the federal government, which .
The Executive even studied alternatives, such as issuing an ordinance reallocating resources from other ministries to the Health portfolio. Another hypothesis would be a provisional measure of extraordinary credit.
The exceptions allowed by the minister occurred after the amendments were made.
Despite the partial release, the minister remained critical of the issue. “When examining the petitions presented by the Chamber of Deputies on December 27th, at 7:50 pm, I see the culmination of a shambles regarding the budget process — certainly unprecedented,” he wrote.
According to him, “the need for the (Federal Police) for their determination becomes clearer every day.”
In the decision, the minister also states that “due budgetary legal process does not allow for the ‘invention’ of types of amendment without normative support”.
With this argument, he definitively blocked the amendments beyond the exceptions listed in the decision.
“The legitimate conclusion of political pacts between party forces has as its boundary what the laws authorize, under penalty of use degenerating into abuse.”
He further stated that the decision to block the amendments is not “judicial interference in the sacred autonomy of the Legislative Power, but rather its adaptation to the Constitution and national laws”.
“It is the STF’s undeniable duty to ensure that there is no reign of individual wills or the imposition of practices concerning abusive constitutionalism, of an authoritarian nature and separated from the public interest,” he wrote.
The decision to block the amendments was in response to a representation from PSOL that presented new facts regarding the payment of commission funds — the target of criticism and previous decisions by the minister himself due to the lack of transparency.
The representation cites a letter sent to the federal government and signed by 17 party leaders. The document detailed the indication of 5,449 committee amendments.
This set of amendments totals R$ 4.2 billion and would take place, according to the party, “without prior approval and formal registration by the committees, under the pretext of ‘ratifying’ the indications previously presented by the members of the committees”.
In its response, the Chamber of Deputies stated that the committees responsible for the amendments were suspended to give priority to the voting agenda at the end of this year and that there was no illegality in the indication of resources.
In response, Dino gave , whose authorship was taken over by a group of 17 party leaders in the Chamber of Deputies.
The Chamber then sent a new statement to the STF minister, reinforcing the arguments of the previous statement and stating that the letter signed by party leaders with indications of R$4.2 billion in commission amendments followed instructions from the Lula government.
