TCU gives 120 days for government to take steps to include a budget foot

The Federal Court of Audit (TCU) ruled on Wednesday, 12, to revoke the precautionary that suspended the funds transfers to the foot. They determined that the government takes steps in 120 days to adapt the program to budget rules. According to the decision, the execution of the educational program may be made outside the budget until the National Congress’s deliberation on the subject.

The ministers today voted on an appeal presented by the Attorney General of the Union (AGU) to unlock the funds of the program. In late January, the Court of Accounts unanimously maintained a precautionary rapporteur of the case, Augusto Nardes, which suspended the transfer of $ 6 billion to the foot. The understanding of the technical area was that the government could not use a private fund to fund and manage students savings with resources outside the Union budget.

During the session, the ministers accepted, with changes, the vote presented by Minister Bruno Dantas. In his judgment, Dantas proposed the revocation of the precautionary, determining that, in 120 days, the government should submit a solution to Congress on foot-to-foot, whether a bill aimed at opening supplementary credit, with cancellation of other expenses In an equivalent amount, or “another legal office that respects the constitutional regime of the public budget.” The ministers have decided, however, to make this point more flexible and only determine that the government “take action” in this same time to include the program in the budget.

In his vote, Dantas also proposed to exceptionally authorize the execution of the program temporarily, allowing the use of blocked resources from the funding funding funding funding and school completion for high school students (FIPEM) from the Fund Operations Guarantee (FGO) and the Educational Credit Operations Fund (FGEDUC), until the National Congress’s deliberation on the subject.

Minister Jorge Oliveira suggested a harder proposal to establish that the program could be executed outside the budget within 120 days, but was a vote overdue. In response to the minister, Dantas reiterated that nothing prevents the rapporteur of the case, Augusto Nardes, defines another precautionary measure in 120 days. “We cannot create the figure of imposing a deadline for Congress to deliberate,” said Dantas.

During the session, the ministers stressed that the program has great relevance and convergence about their need, but reiterated the importance of adjustments in operationalization, as the current financial arrangement violates legal and constitutional principles and norms.

“We are questioning the format in which the situation has been sent, and funds were allocated to private funds. There was legal authorization for this to happen, but not the use of payments, here comes our divergence in relation to what has been presented so far here by the government, ”said the rapporteur.

In the appeal voted today, the AGU requested the immediate release of resources and argued that there is no illegality in the use of money. The agency also demanded that if the TCU decided to maintain the decision, its effects occurred only in 2026 and that a 120-day period was granted to submit a plan to comply with the decision without impairing the continuity of the foot. The economic team maintained that the funds would be fully included in the budget piece from next year.

Program

The Step, sanctioned by President Luiz Inacio Lula da Silva on January 16, 2024, is a program that creates financial incentives for high school students enrolled in public schools and members of unique registration families for social programs for social programs (CadÚnico). Beneficiaries receive a scholarship of $ 200 per month and an additional savings of $ 1,000 at the end of each year of the stage.

The law that created the program brings a general rule that authorizes the Union to participate in a private fund to fund and manage student savings, the so -called FIPEM. The legislation authorizes the transfer of values ​​of FGO and FGEDUC to supply this new fund, removing from the public budget the transfers to beneficiaries.

Recently, the House of Representatives Budget and Financial Supervision Consulting (Conof) estimated an additional pressure of R $ 22.8 billion on primary expenses in the 2025 Budget Bill (PLOA). of funds from the sock that did not go through the budget. The 2025 PLOA sent by the government predicted only $ 1 billion to the program.