Federal Supreme Court (STF) Minister Alexandre de Moraes responded to a request from the Attorney General’s Office (PGR) and granted an injunction to exclude the Union Public Ministry’s (MPU) own revenues from the spending limit of the fiscal framework. The decision will be submitted to a plenary referendum, in a session with no date yet.
The agency claimed urgency in the request and requested an injunction to allow the use of the amounts in 2026, through the opening of additional credits. The PGR alleges “risk that essential budgetary resources” for the functioning of the Public Ministry may no longer be delivered. For 2026, the estimate for the MPF’s own revenue collection is R$2.2 million, according to the organization’s transparency portal.
The reason for the request was the parity established in the Constitution between the Judiciary and the Public Ministry. Last year, the Supreme Court responded to a request from the Association of Brazilian Magistrates (AMB) and excluded the Judiciary’s own revenues from the spending ceiling. The PGR action was distributed as a precautionary measure to Moraes, who was the rapporteur for the AMB process.
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In the decision, Moraes accepted the PGR’s argument and stated that the same understanding adopted in relation to the Judiciary’s own revenues should be applied to the Federal Public Ministry.
The minister highlighted that the fiscal framework law already provides for exceptions to the spending ceiling, such as in cases of resources that originate from own revenue. The MPU collects revenue from rents, leases, fines, contractual interest, compensation for damage caused to public property and registration fees for competitions and selection processes, for example.
“The bodies of the Public Ministry of the Union (both those arising from previous financial years, those from the current financial year and, obviously, future ones) must be used to cover their expenses, subject to the limits imposed by the available budget allocations or by additional credits that may be opened for this purpose”, stated Moraes.
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