President of the STF, Minister Rosa Weber, convened a virtual session for Tuesday (Nov 8) to judge the decision
Minister Cármen Lúcia, of the STF (Supreme Federal Court), suspended this Saturday (Nov. Jair Bolsonaro (PL) which postponed payments under the Paulo Gustavo and Aldir Blanc 2 laws, dedicated to the cultural sector. Here’s the intact (645 KB) of the decision.
Cármen Lúcia released the agenda for judgment in the virtual plenary of the STF, and the president of the Supreme Court, Minister Rosa Weber, defined for Tuesday (Nov 8) the opening of the virtual session, from midnight to 23:59, in which the ministers will decide whether to confirm the opinion. The suspension responds to an ADI (Direct Action of Unconstitutionality) of the Rede Sustentabilidade party.
The minister considered the MP unconstitutional for determining proposals previously indicated in presidential vetoes that had already been overturned by the National Congress. She also says that the MP was edited without meeting the requirements of relevance and urgency, as provided for in the Constitution.
The payment of the Paulo Gustavo Law was scheduled to start in 2022, but with the MP, it was postponed for a year. Likewise, the Aldir Blanc Law, whose resources would be distributed in 2023 before the measure signed by the president on August 29 (here is the intact – 82 KB), which postponed the transfer to 2024.
On July 5, the National Congress overturned Bolsonaro’s vetoes of the laws, which provide for investments in culture as a way to support one of the sectors affected by the covid-19 pandemic.
According to Carmen Lúcia, the measure “emptied the purpose” of the laws of “ensure adverse temporal conditions, which make it impossible for the performance of cultural functions“; also “circumvents the free performance of Parliament“; and used “extraordinary instrument for the creation of norms to restore the will of the Executive Power on what the Legislative Power had deliberated“.
“Culture composes the essential core of human dignity, a central principle of contemporary law“, declares the minister in the document.
“I also note that the questioned provisional measure changed from mandatory delivery to mere authorization to allocate resources to what had been the object of the amended legislation“, says Carmen Lucia.
In the text, the minister reinforces that, because it is not a law, but a normative act, the MP “submit to judicial control“.
The Paulo Gustavo Law determines the transfer of R$3.86 billion to states and municipalities to invest in culture and waives compliance with the Fiscal Responsibility Law. The Aldir Blanc Law 2 transfers R$ 3 billion annually to states and municipalities for investments in culture, for 5 years.
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