The minister of the STF (Federal Supreme Court), Cármen Lúcia, responded to a request from the Rede Sustentabilidade party and extended until December 31th 2023 the deadline for executing the call Law Paulo Gustavo (PLC No. 195, of 2022).
In force since July 2022, the text approved by the National Congress established rules to be complied with by the Union to help, with financial resources, that States and municipalities implement emergency actions to help workers in the cultural sector harmed by the consequences of the covid-19 pandemic.
The federal government vetoed the Paulo Gustavo Law and also the Aldir Blanc Law (Law No. 14,399), which, in July of this year, established the National Police for the Promotion of Culture. The National Congress overturned the presidential vetoes, restoring the Union’s obligation to transfer R$ 3.86 billion from the FNC (National Culture Fund) to states and municipalities to promote cultural activities.
FINANCIAL TRANSFERS
Subsequently, the federal government edited the Provisional Measure No. 1,135changing parts of the Paulo Gustavo and Aldir Blanc laws, postponing financial transfers and conditioning aid to budget availability.
In the Direct Action of Unconstitutionality filed at the STF, the Sustainability Network states that the federal government not only does not “timely due diligence”, that is, he did not engage properly, “for full compliance with the budget execution in the cultural sector still in 2022″, as, even if it had done so, “there would possibly not be enough time for there to be full and adequate execution [orçamentária] until the 31st of December [hoje]”.
Based on the facts narrated by the Network, in her decision, Minister Cármen Lúcia classifies the conduct of the federal government as “administrative indolence”.
She remembers that at the beginning from Novemberthe plenary of the Court had already approved, by a majority, the suspension of the effects of MP 1,135/2022, maintaining the effectiveness of the two laws previously approved by the Legislative Power, maintaining the obligation of Union transfers to states and municipalities.
RESOURCES
In addition to authorizing the execution of the Paulo Gustavo Law by States and municipalities until December 31, 2023 or until the National Congress completes the appreciation of Provisional Measure No. of Tourism (currently responsible for conducting the national policy for culture) carry out, until this Saturday (31.Dec.2022), the global commitment of the resources destined to Secult (Special Secretariat for Culture), under penalty of administrative responsibility of those who prevent this from being done.
“If the extension of the period initially foreseen in the legal norms had not been allowed and not complied with by the action of the federal Executive Power, the object and purpose of the legislation formulated as the set of emergency actions destined to the cultural sector to be adopted as a result of the economic effects would have been emptied. and social aspects of the covid-19 pandemic”, said the minister in her decision.
Due to the short period of time to comply with the decision of Thursday (Dec. 29), the proximity of the end of the 2022 budget period, the minister determined that the amounts allocated to each favored federated entity be entered in outstanding amounts payable.
With information from Brazil Agency.
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