Congress tells the STF that it fulfilled demands on amendments and asks for release

Congress asked the Federal Supreme Court (STF) to release the parliamentary amendments after the sanction of the bill (PL) that creates new criteria for transfers.

In a statement attached to the processes on Wednesday night (27), the Senate’s lawyers say that “the formal and material requirements of the decisions” of the Court were met, which suspended the amendments until Congress issues transparency and traceability rules.

Congress also argued that there is a “danger of delay” as the end of the financial year approaches. “There are works and services already carried out, but payment for which has been suspended, causing serious losses to third parties in good faith. There are also works and services paralyzed due to suspension of payments, causing harm to individuals and the public interest”, says the statement.

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The expectation is that the package will be sent to the National Congress in a Proposed Amendment to the Constitution (PEC) and a Complementary Bill (PLC), which will begin to be processed in the Chamber of Deputies

It will be up to Minister Flávio Dino, rapporteur of the actions on the amendments in the STF, to evaluate the request. Afterwards, the decision whether or not to release the transfers will be analyzed by the Supreme Court plenary. This week, Dino is in São Luís (MA), where he will get married on Saturday (29).

In August, after the Supreme Court suspended the execution of all mandatory amendments, the Three Powers reached a consensus with conditions for release. Among the points agreed are the identification of the destination of the “pix amendments”, the allocation of bench amendments to structuring projects and the sending of commission amendments to projects of national or regional interest, defined by mutual agreement between the Legislative and Executive.

The PL of amendments was sanctioned by President Luiz Inácio Lula da Silva (PT) last Tuesday (26). A study carried out by technicians from the Senate itself says that the project does not meet all transparency criteria. One of the criticisms raised is about the committee amendments, heirs to the secret budget. According to the text, there is still no obligation to show the name of the true sponsors of the funds, which are presented as the responsibility of the collegiate.

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“The project does not respond to practically any of the requirements posed (by the STF decisions): out of 14 criteria and parameters identified, only three of them are substantially met by the project’s provisions, and, even so, these two requirements are already included in the current regulations” , says the technical note requested by senator Eduardo Girão (Novo-CE).

The possibility of the government blocking parliamentary amendments was also left out of the project. In the agreement between the STF, Legislative and Executive branches, it was agreed that the amendments will be linked to net current revenue, with the aim of preventing them from growing at a higher rate than the increase in total discretionary expenses.

The Minister of Institutional Relations, Alexandre Padilha (PT), stated that Planalto will send a new project that proposes establishing a 15% block on amendments proportional to the block on discretionary expenses of the Executive Branch.