08/23/2024 – 19:36
Justice Flávio Dino, of the Federal Supreme Court, ordered the Office of the Comptroller General of the Union to present, within one month, a proposal for restructuring the Transparency Portal, “without embarrassment or obstacles” to accessing information about the secret budget. Dino refers to the details about the rapporteur’s amendments, the main mechanism of the scheme revealed by the Stateand on committee amendments, which, according to him, are also being distributed without clarity.
The measure is part of a new package of determinations by the minister after the agreement reached at a lunch with members of the three branches of government. At the meeting, the authorities reached a consensus to ensure “criteria of transparency, traceability and correctness” for the part of the budget that is directed by parliamentarians to their electoral strongholds.
“In compliance with the rapporteur’s power and duty, measures are being adopted, preceded by institutional dialogues and technical meetings, aiming to ensure that there is, in fact, transparency and traceability in the application of money originating from and belonging to Brazilian society”, noted Dino.
The order signed this Friday, the 23rd, also satisfied expectations regarding the reassessment of Dino’s injunction that suspended the transfer of rapporteur and committee amendments until the transparency of the transfers is ensured.
The minister indicated that he will only decide on the resumption of payments after the statements of those involved in the process, including the three branches of government and public bodies, have been submitted to the Court.
“On that occasion, the request from the Secretariat of Institutional Relations of the Executive Branch regarding the resumption of the execution of RP 8 and RP 9 will be assessed, always under the conditions set by this Court,” noted the minister.
The revamped dashboard to be launched by CGU within 90 days will consolidate information from federal government documents and systems that are “currently dispersed and disorganized.”
The measure is in response to the minister’s “concern” during the conciliation hearing on the secret budget. At the time, Dino stressed the need to centralize information on the amendments in order to ensure transparency in transfers.
As shown by the StateCongress and the Executive had indicated to the STF that there were limits to the information that each of the Powers held about the amendments.
Dino’s new decision also advances on this point: he indicated that the CGU should identify which information is unavailable, so that the “appropriate judicial requests” can be carried out and possible “measures taken to hold negligent agents accountable”.
Also in order to ensure transparency of the rapporteur’s and committee’s amendments, Dino ordered the mandatory use of a label created by the National Treasury Secretariat for transfers. All amendments must use codes determined by the Secretariat from 2025 onwards, under penalty of having the resources blocked.
Another new determination by Dino was that the Ministry of Management and Innovation in Public Services present, within 30 days, an action plan – to be executed within a maximum of 180 days – to guarantee the transparency and traceability of fund-to-fund transfers, direct transfers of federal funds to state and municipal funds, without the need to enter into an agreement.
Dino determined that the amounts be deposited and managed in specific bank accounts, individualized by transfer and by parliamentary amendment. The rule applies to future transfers, both those already made and those still in progress.
The minister issued an order to civil society organizations to ensure transparency in contracts made with resources from parliamentary amendments and that they may only use the bidding systems integrated into the Transferegov.br portal or carry out electronic quotations directly on the portal.
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