Minister Flávio Dino, of the Federal Supreme Court (STF), definitively maintained this Sunday (29) the blockade of , according to information released by the court, this Sunday (29).
The minister, however, authorized that the commitments of the commission amendments made before his decision on December 23, when he suspended the transfers, be carried out exceptionally to avoid legal uncertainty.
The case involves the so-called commission amendments, which had been suspended since Monday (23/12), by order of the minister, within the scope of the Allegation of Non-compliance with Fundamental Precept (ADPF) 854. Dino demanded responses from the Chamber of Deputies and, After receiving a letter with explanations, he chose to maintain the blocking of amendments after the date of December 23rd.
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“Regarding the commitments of ‘commission amendments’ carried out before the suspension of the effects of the letter, in order to avoid legal uncertainty for third parties (entities of the Federation, companies, workers), the continuity of the execution of what has already been committed as “commission amendment” until December 23, 2024, unless another illegality is identified in each specific case”, states the minister in the decision.
In relation to the committee amendments to the 2025 Budget, the minister states in the decision that the procedures contained in Complementary Law no. 210/2024 and the decisions of the STF Plenary. According to the minister, committee amendments, as well as bench amendments, “have a normative scope aimed at structuring actions, and not at the mere reproduction – under another name – of individual amendments”.
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In the decision, Dino also sets a deadline of ten working days for the Federal Senate to express its opinion on the allegations presented by the Chamber in relation to the committee amendments.
Health Amendments
The minister authorizes, in the decision, that until January 10, 2025, the movement of resources from parliamentary amendments already deposited in the Health Funds will take place, regardless of the specific accounts to which the resources were allocated. From January 11, 2025, according to the minister, there will be no movement other than from the specific accounts for each parliamentary amendment, as previously resolved.
Dino also authorized the immediate commitment, until December 31, 2024, of the mandatory amendments – excluding commission amendments – for Health, regardless of the existence of specific accounts.
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The minister states that there was an administrative failure in the Ministry of Health’s failure to comply with the court order dated August 2024 regarding the opening of specific accounts for each parliamentary amendment.
Independence
In this Sunday’s decision, Dino praises the sending of resources by parliamentarians to their voters in the States, but states that there is “no legal support, nor logical justification, for a noble act to be hidden by the opacity of what is conventionally called the ‘Secret Budget ‘. Except in the unbearable hypothesis of a misuse of purpose leading to the misuse of public resources”, states the minister.
Flávio Dino states that there is no interference from the Judiciary over the Legislature since it is up to the STF to ensure “that there is no empire of individual wills or the imposition of practices concerning abusive constitutionalism”.
