Dino speaks of ‘peak chaos’ in the budget, but makes exceptions for the implementation of the amendments

The Minister of the Federal Supreme Court (STF) Flávio Dino once again criticized the Chamber of Deputies regarding the indication of parliamentary amendments and reiterated the importance of the Federal Police investigations into the resources. In a decision dated Sunday 29th, however, the magistrate opened exceptions for the execution of mandatory changes for Healthcare and commission commitments until 23 December.

In the reasoning, the judge claims that the release of commission resources occurs “in order to avoid legal uncertainty for third parties”. Such as Federation bodies, companies and workers.

In the decision, Dino authorizes, until 10 January 2025, the movement of resources coming from parliamentary amendments already deposited in the health funds, “regardless of the specific accounting”. From 11 January 2025, however, it establishes that there can be no movement except from the specific accounts for each parliamentary amendment.

Furthermore, the magistrate also authorized the “immediate commitment”, until December 31, 2024, of the imposing changes to the Healthcare, “regardless of the existence of the specific accounts”. “However, these will be used for payments to be made in view of commitments”, he specifies.

Despite the partial allocation of resources, Dino criticized the response given by the Chamber last Friday, the 27th, and spoke of “inconsistency” and “contradiction”. “Examining the petitions presented by the Chamber of Deputies on December 27, at 7.50 pm, I see the culmination of a breakdown in the budget process – certainly unprecedented. The aforementioned petitions indeed contain internal inconsistencies, contradictions with other parts contained in the file and – the most serious one – the comparison with the national legal system”, stated the magistrate.

He also says he sees an “insurmountable nullity” in the letter sent by Congress asking for the release of R$4.2 billion in amendments. “Its reception and follow-up are unfeasible, so the Executive is absolutely prohibited from committing what it contains,” he continued.

In the decision Dino underlines the importance of the Federal Police in this process. In his opinion, the need for investigations becomes “increasingly evident”.

“I underline that the due budgetary legal process, constitutionally founded, does not allow the ‘invention’ of types of amendments without regulatory support. The legitimate conclusion of political pacts between the party forces has as its boundary what the laws authorize, under penalty of ‘use degenerates into abuse,’ he says.

“It is obviously not a question of judicial interference in the sacred autonomy of the legislative power, but rather of its adequacy with the Constitution and national laws. This is an essential duty of the FFS: to guarantee that there is no empire of individual wills or the imposition of practices linked to abusive constitutionalism, of an authoritarian nature and disconnected from the public interest”, he adds.

Source: Terra

Rose

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