Dino says limit until the health floor is valid for all amendments

Federal Supreme Court Minister Flávio Dino said on Sunday (2.FEV.2025) that the decision that released health amendments until they reach the minimum constitutional floor applies to all amendments processes.

“I welcome, in part, the request of the Executive Power, provided that the ‘Commission Amendments’ (or another type of amendment that is eventually necessary) already committed or to be committed to reaching only and only the value necessary to achieve the constitutional health flooring ”he said. Here’s (PDF – 190 kb).

The determination was given in response to the request for clarification of the (General Advocacy of the Union), that questioned the viability of execution of commission amendments. Dino stressed that health amendments must comply with the constitutional floor, with the necessary value being committed to the usual proportion between Chamber and Senate.

Besides reiterating the release of value with regard to “Health Policy”the minister determined that “The commitment of the ‘commission amendments’ (or another type of amendment that is eventually necessary) of both houses, if possible in the usual proportion to such a sharing between Chamber and Senate, according to a letter to be sent by the President of the Congress, as an urgent basis, through technical understanding with the Ministry of Health ”.

AGU stated that the required amount of R $ 370 million would be divided between the two houses, so that R $ 40.5 million would for the Senate and R $ 330.0 million, to the House.

Finally, Dino defined that the ratification of the amendments (including indications) in the thematic committees on the health of the Senate and the House until March 31, 2025under penalty of immediate and automatic cancellation of the transfers.

Until such approval, There will be no subsequent act of executionwhich is expressly blocked From March 31, if the conditions listed by Dino are not met.

At the end of 2024, Dino released part of the health amendments provided that the value was limited to the necessary minimum floor, established by the Constitution. The determination came in response to a request from AGU (General Advocacy of the Union), which said it was necessary to release the R $ 370 million to guarantee the minimum expenses of the sector.

At that time, the request was only the amendments that were committed until December 23, 2024, but especially the Commission Amendments intended for health. The decision had only been published in one of the proceedings. However, the determination of this Sunday appears in the processes that deal with the imposing amendments and the PIX amendments.

Dino is a rapporteur of all abstract control actions of constitutionality on court amendments:

• ADPF – Rapporteur Amendments, which became known as “secret budget”;
• Adi – Emendas Pix;
• Adi – Emendas Pix;
• ADI – Tax emendas.