Author of, the Federal Supreme Court Minister gave an order on Sunday (18) calling a public hearing to June 27 with the purpose of dealing with the obligation by the federal government of the execution of parliamentary amendments.
Although it does not anticipate value judgment on the subject, the minister reproduced in the document opinions and predominantly critical studies on the impacts of the so -called “imposing amendments” on the separation of powers, the efficiency of public management, fiscal responsibility and the presidential system.
The obligation to perform most of the billionaires parliamentary amendments and their volume reached – – are the main instruments of the recent empowerment of Congress.
Any changes in rules have the potential to generate a new crisis among powers.
“The theme of parliamentary amendments and their imposition is unable to relevance from the social, economic and legal point of view. This is a discussion that involves the interpretation of the postulate of the separation of powers, as well as the fundamental right to due budget process and the set of rules that make up the so-called ‘financial constitution’,” Dino of the Order wrote.
The minister is the rapporteur of direct unconstitutionality actions proposed by the PSOL, Attorney General’s Office and Brazilian Association of Investigative Journalism against imposing amendments.
Since 2015, supported by the executive’s political weaknesses in the second term of Dilma Rousseff and (2016-2018) and Jair Bolsonaro (2019-2022), Congress gradually approved the obligation to perform the amendments, as well as the significant increase in their values.
In 2015, each deputy and senator had $ 16 million under a splices, and the government had the power not to pay any penny if it wanted to.
In 2024, each deputy had at least R $ 38 million and each senator, R $ 70 million. In addition to this amount, there are collective amendments, managed by the benches and Congress summit. In total, Congress sends more than $ 50 billion a year – nor $ 135 million per day, on average.
In his order, Dino cited a study by Marcos Mendes and Hélio Tollini pointing out that the Brazilian system is atypical, giving Congress budgetary power much greater than in 11 OECD (Organization for Economic Cooperation and Development) countries analyzed.
He also listed opinions, among others, from economist Felipe Salto, according to whom there is no chance of promoting a permanent fiscal adjustment without moving the parliamentary amendments
The minister stated in the order that the public hearing aims to give technical elements to the plenary judgment of the constitutionality of the imposing amendments, but said that preliminary decisions can be made “if it proves to be essential and urgent in the light of
Budget Execution of 2025 and the preparation of the 2026 Budget “.
Dino has made decisions determining the transparency and traceability of amendments, which is a reason for great dissatisfaction in Congress on the argument of invasion of competences.
In 2024, he ordered, in a monocratic decision, that the Executive could only perform parliamentary amendments by prior and total transparency, with the opening of specific accounts for each amount and the nominal identification of “requesting” parliamentarians and the federative binding of amendments to the origin states of the proponents.
The decision also restricted the allocation of the so -called commission amendments, used by the Congress summit to raise support among parliamentarians.
Congress members accuse Dino of judicial activism and see an alleged government articulation behind the initiative.
