The Minister of the Federal Supreme Court (STF) Flávio Dino rejected this Monday (30) one presented earlier by Senate lawyers and decided to maintain the blocking of part of the Legislative House committee amendments, the judge’s decision showed.
The Senate had said in the morning that it had “rigorously” observed the rules for using amendments and asked Dino to release the commitments for this budget item by the deadline of December 31, according to the body’s petition seen by the Reuters.
In the decision, however, Dino questioned the fact that there was no approval of any commitment to the commission amendment with the indication of the beneficiary and the value of the budget item.
According to the STF minister, this control by the collegiate is not a “minor important detail, as all senators are equal when it comes to amendments in the legislative budget process”.
“Once again, unlike incorrect versions, it is not about the STF ‘invading’ the sphere of the Legislative Power or ‘judicializing’ politics. It is a matter of legitimate judicial control over the validity of administrative acts, due to rules approved by the National Congress”, said the judge, in the decision.
“On these grounds, I reject the requests, maintaining the validity of commitments for ‘commission amendments’ prior to December 23, 2024”, he highlighted.
Continues after advertising
A commitment, in budget jargon, is an administrative act in which part of a budget amount is reserved for the payment of a specific service or good. It must be done by the end of each year, otherwise, in order to be executed, it will need to be included as remains to be paid in the future.
Earlier this Monday, the Attorney General’s Office (AGU) had published an opinion with enforceable force regarding Dino’s decision, on Sunday, regarding the commission amendments.
On Sunday, Dino relaxed the previous determination to block 4.2 billion reais in commission amendments, admitting the execution of committed expenses until December 23, the date on which he had suspended these payments.
Continues after advertising
In the opinion, however, the AGU expressed its opinion on a “safer interpretation” of the STF minister’s decision and suggests not implementing the commission’s amendments to parliamentarians for now.
“In the document, the AGU determines that the safest interpretation of the decision be adopted, in the sense that, at least until a subsequent new court decision, transfers relating to commission amendments subject to Letter No. 1.4335.458/2024 are not authorized, even if committed prior to 12/23 and even if intended for the health sector”, stated the AGU, in a note.
According to the Presidency’s Institutional Relations Secretariat, of the 4.2 billion reais in commission amendments, up to December 23, 1.775 billion reais had been committed under the terms of Dino’s previous decision. Among the resources committed are 441 million reais for the Ministry of Tourism, 335.1 million reais for the Cities portfolio and 330.2 million reais for Health.
Continues after advertising
The impasse over the adoption of transparency rules for the commitment and execution of amendments has recently opposed the leadership of the Three Powers and almost made it impossible for Congress to approve the public spending containment package.
