Flávio Dino blocks project that would resume ‘secret budget’ in Congress
Minister Flávio Dino, of the Federal Supreme Court (STF), suspended this Sunday, 21st, the validity of the bill that authorizes the settlement until the end of 2026 of unpaid balances registered from 2019, even those already cancelled. For Dino, the proposal would mean, in practice, new authorization for the so-called “rapporteur’s amendments”, which became known as the “secret budget”.
The decision was taken based on a lawsuit filed by Rede Sustentabilidade. According to data presented by the party, there is around R$1.9 billion in outstanding payments from parliamentary amendments included in the budget since 2019. Of this total, R$1 billion corresponds to pending commitments for “rapporteur amendments”.
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The project was approved by the Chamber of Deputies on Wednesday, 17th, and was forwarded to presidential approval two days later. The deadline for consideration by President Luiz Inácio Lula da Silva ends on January 12th. The minister requested information about the case from the Presidency of the Republic within ten days.
Dino also ordered that the injunction be submitted to the STF plenary. The vote should take place from February, when the court returns to activities. Until then, the project is suspended in case of sanction by President Lula.
“In practice, the revalidation of unprocessed or already canceled outstanding payments relating to the type of parliamentary amendment declared unconstitutional by this STF – the so-called “Rapporteur’s amendments” (RP 9) – appears to be incompatible with the legal regime established by such diplomas. In effect, care is taken to resurrect the type of amendment whose very existence was considered unconstitutional”, wrote the minister.
Dino recalled the “serious fiscal difficulties” that the country is going through and “impose on all Powers of the Republic the constitutional duty of actively collaborating to preserve fiscal balance”.
The minister also recalled that “remains payable regularly canceled no longer exist in legal terms”. And he added: “Its revalidation does not imply the simple reestablishment of a previous situation, but is equivalent, in practice, to the creation of a new spending authorization, devoid of support in current budget law.”
Also according to the minister, a work plan for the Three Powers is being implemented, approved by the STF plenary, with the aim of tackling the distortions associated with the “secret budget”. He emphasized that the plan does not include “the possibility of payable resuscitation of remains.”
