The Chamber of Deputies concluded this Tuesday (9) the voting in the first round of the Proposal for Amendment to the Constitution 23/21, the PEC dos Precatórios, with the voting of the highlights after the base text approval at dawn on Thursday (4). The only highlight approved was the instrument that shields the so-called “Golden Rule”. The measure prevents the government from bypassing the provision through the budget law.
The golden rule determines that the government cannot borrow to finance current expenditures (such as maintenance of the public machinery), only for capital expenditures (such as investment and public debt repayment) or to refinance public debt.
Parliamentarians approved the break in the gap, which may allow the analysis of the proposal without the break of five sessions of the plenary. The president of the Chamber, Deputy Arthur Lira (PP-AL), expects to put the second round of the PEC to vote this evening. For the proposal to be approved, at least 308 votes are needed, corresponding to three-fifths of the 513 deputies.
Understand the PEC of Precatório
The PEC defines the amount of annual expenses with court orders, corrects their amounts exclusively by the Selic rate and changes the way to calculate the spending ceiling.
According to the approved basic text, the precatories for the payment of debts of the Union related to the former Fund for the Maintenance and Development of Elementary Education and the Valorization of Teaching (Fundef), the current Fund for the Maintenance and Development of Basic Education and the Valorization of Professionals from Education (Fundeb), must be paid in three years, 40% in the first year, 30% in the second and 30% in the third year.
The approved wording includes the text of the special commission that discussed the proposal, according to which the limit of expenses with court orders will be valid until the end of the spending cap regime (2036). For next year, this limit will be defined by applying the Broad National Consumer Price Index (IPCA) accumulated to the amount paid in 2016 (R$ 19.6 billion).
The estimate is that the ceiling will be almost BRL 40 billion in 2022. Under current rules, government data indicate a payment with precatório of BRL 89 billion in 2022, compared to BRL 54.7 billion in 2021.
In practice, the PEC opens fiscal space in the Union Budget for the payment of the new assistance benefit created by the government, the Auxílio Brasil, which will have a monthly value of R$ 400.
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