AGU directs government to pay health amendments to meet minimum wage

Body makes suggestions to the federal government after decision by STF minister Flávio Dino, who released part of the resources

In a new opinion released this Tuesday afternoon (Dec 31, 2024), the AGU (Attorney General of the Union) advises the federal government to pay for the necessary amendments to reach the constitutional minimum necessary for the area. Here is it (PDF – 273 kB).

The new opinion is based on that of the minister of the (Supreme Federal Court) Flávio Dino, who authorized the payments after a request from the body, which said it was necessary to release the amendments to guarantee the payment of minimum health expenses.

The document aims to guide the Executive Branch bodies on the application of the minister’s decision regarding the execution of budget amendments. According to the AGU, these commitments can only be used within the budgetary limit necessary to guarantee the application of the minimum established by the Federal Constitution in the area of ​​health.

When releasing the values, Dino said that the fact demonstrates a “worrying dependence on spending linked to parliamentary amendments”. However, he mentions that the country is in its last days of budget execution for 2024 and “there is a serious collision between constitutional rights and obligations”.

“On these grounds, in view of the status of the constitutional duties relating to minimum health expenditures, I accept, in part, the request of the Executive Branch, as long as the ‘commission amendments’ (or other type of amendment that may be necessary) already committed or to be committed reach only and only the amount necessary to achieve the constitutional health minimum”stated the minister.

In addition, the minister also gave a deadline of March 31, 2025 for the amendments to be ratified by the thematic health committees in the Chamber and the Senate, and for it to be informed which congressmen indicated the amendments. Otherwise, the amendments must be canceled immediately.

“Until such approval, there will be no subsequent act of execution, which is expressly blocked from 03/31/2025, if the conditions listed in this item are not met”he stated.

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