The majority of the ministers of the Federal Supreme Court (STF) decided on Tuesday, 9, to keep the transfers of the secret budget suspended – a scheme to support the Jair Bolsonaro government in Congress, revealed by Estadão. With a partial score of 6 to 1, the Court upheld the preliminary injunction issued on Friday, 5th, by Minister Rosa Weber. The judgment opens a new crisis between the Supreme, the government and Congress.
Since May, exactly six months ago, a series of reports from the state has been showing how the Union’s resources have been distributed through amendments by the Budget rapporteur – the so-called RP-9 – without technical criteria, to a group of parliamentarians, mainly on the eve of votes of interest to the Palácio do Planalto. This is the new physiognomy of the “take it, give it here” policy, used by the government in exchange for support in Congress.
The judgment on Tuesday, 9th, was permeated by pressure from congressmen benefited by the scheme. The president of the Chamber, Arthur Lira (Progressistas-AL), considered the main operator of the distribution of amendments by the general rapporteur of the budget, even went to the Supreme Court on Monday, 8th, to talk with the president of the Court, Luiz Fux , in an attempt to overturn the minister’s injunction. The decision of the collegiate the power of control and negotiation of Lira.
In the decision ratified by the plenary, Rosa determined the full and immediate suspension of the distribution of amendments by the rapporteur until the end of 2021 – the lack of transparency in the provision was the loophole found by Palácio do Planalto to use it to buy votes. The amounts allocated to this modality this year add up to R$ 18.5 billion.
The minister also ordered the government to give “wide publicity” to the letters sent by lawmakers in 2020 and 2021 to allocate resources in their electoral strongholds. For this, she demanded the publication of all requests “on a centralized platform with public access”.
As revealed the state, the government released R$1.2 billion in secret budget resources to guarantee the approval of the Proposed Amendment to the Constitution (PEC) of the Precatório in the first round of the Chamber. The change in the constitutional text will open space in the spending ceiling upon delay in payment of federal debts recognized in court to enable the implementation of the new substitute social program for Bolsa Família, Auxílio Brasil.
“The discovery that a significant portion of the Federal Government’s budget is being offered to a group of parliamentarians, through arbitrary distribution established between political coalitions, is perplexing, so that such congressmen use public resources according to their personal interests, without observing objective criteria”, wrote the minister in her 49-page decision.
The trial in the virtual plenary – a platform on which ministers cast their votes from a distance, without detailed discussion – began in the early hours of this Tuesday and will end at 23:59 on Wednesday, 10. Four ministers’ votes remain. Rosa Weber followed the tone adopted in the dispatch and delivered a resounding vote, with harsh messages to those responsible for the scheme.
“I believe that the current model of financial and budgetary execution of expenses resulting from the rapporteur’s amendments violates the republican principle and violates the informative postulates of the transparency regime in the use of the State’s financial resources”, he stated. The merits of the action have not yet been analyzed in the judgment.
Right in the first hours of the trial, Rosa was accompanied by ministers Luís Roberto Barroso and Carmen Lúcia, who also took the responsibility of responding firmly to the lack of transparency in the secret budget. The minister stated that the control of public resources “cannot be hidden or emptied by the shadow, preventing the guarantee of transparency in public management”.
“The use of budget amendments as a form of co-opting political support by the Executive Branch, in addition to affronting the principle of equality, insofar as it privileges certain congressmen over others, puts the democratic system itself at risk,” said Cármen Lúcia.
“This behavior compromises legitimate, correct and dignified representation, distorts the processes and purposes of democratic choice of elected officials, removes the interest sought from the public and blinds the scrutiny of the people to the expenditure of resources that should be directed to meeting the needs and legitimate aspirations of the nation”, he added.
To state, Barroso said he did not present his vote in writing because he believed that “the arguments were well established” in the statement of the rapporteur of the action. This Tuesday morning, minister Edson Fachin joined his vote to the majority, followed by colleagues Ricardo Lewandowski and Alexandre de Moraes.
Minister Gilmar Mendes, the first to partially disagree with the rapporteur, forwarded his vote in favor of releasing the rapporteur’s amendments, provided that “wide public access is ensured, with measures to encourage active transparency, as well as comparability and traceability are guaranteed. of data referring to requests/requests for the distribution of amendments and their respective execution”.
According to Gilmar, the amounts used in the secret budget scheme “are resources intended for the construction of hospitals, the expansion of service posts or any other primary expenditure purposes that can be allocated to all national federative units and that will simply be executed paralyzed” until the judgment on the merits of the action.
“The freezing of the execution phases of these expenses is dramatic, especially in sectors essential to the population, such as health and education”, he wrote. “The maintenance of the precautionary measure granted in these terms would be more harmful to the protected legal assets than the state of unconstitutionality underlying the handling of the rapporteur’s amendments”, he argued in another passage.
The pressure exerted by Congress, although unsuccessful, stimulated articulations in the Court. It was expected that an alternative proposal would be taken to the plenary in order to maintain the transparency requirements in transfers via rapporteur amendments, but not to suspend the mechanism. With the end of the main instrument of coalition of the government, the parliamentarians are now articulating a maneuver to maintain the interference in the resources of the Union.
as showed the state, members of the Mixed Budget Commission (CMO) are considering giving up the rapporteur’s amendments – compromised by the minister’s decision – to focus on increasing the amounts distributed by the committee amendments, a little-used mechanism, but which maintains a priority for those involved in the secret budget: the lack of transparency arising from the impossibility of identifying those responsible for the nominations. The solution, however, divides the group.
Committee amendments are indicated by the rapporteurs of the 39 thematic collegiate bodies of the Chamber and Senate. The resources of this device are collective and do not require the identification of the author of the proposal. In this way, the group would be held responsible for the transfers instead of the parliamentarians who made them viable.
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