Senators and deputies analyze 7 provisional measures of the new government and 20 of the Bolsonaro administration
Senators and deputies start the legislative year from February 1, 2023 already with the mission to deliberate on 27 provisional measures (MPs). All will still need to go through the plenary of the Chamber of Deputies and then proceed to the Senate. The greater part is under analysis in joint committees.
Among the MPs are initiatives such as:
- the one that maintains the benefit of R$ 600 from the Brazil Aid (MP 1,155/2023);
- the one that extends the exemption of federal taxes on fuels (MP 1,157/2023);
- and the one that extinguishes the National Health Foundation — Funasa (MP 1,156/2023).
The 3 MPs were edited during the president’s government Luiz Inacio Lula da Silva (PT). However, there are still 20 provisional measures signed by the former president Jair Bolsonaro (PL), like the MP 1,134/2022which releases R$ 2.5 billion to pay for the transportation of elderly people in public transport and expires on February 2nd.
Minimum wage
Another proposal that will be analyzed by congressmen is the MP 1,143/2022, which sets the minimum wage at R$ 1,302. The text was forwarded by the Bolsonaro government, however, congressmen approved, in December 2022, the General Budget of the Union for 2023 with a forecast minimum wage of R$ 1,320.
The decision followed the orientation of the new government at the time of the vote. But at the beginning of January, President Lula’s government went back on the understanding of a 3% increase in the minimum and informed that it will maintain, for the time being, the value that is already established in MP 1,143. The text received 6 amendments.
Pronampe
Also on the list of measures edited by the Bolsonaro government is the MP 1,139/2022, which extends from 4 to up to 6 years the term for repayment of loans from the National Support Program for Micro and Small Businesses (Pronampe). The new rule applies to futures contracts, but authorizes the extension of current operations.
In the case of new lines of credit, the interest will be determined according to conditions of the Ministry of Finance. Until the edition of the MP, on October 27, 2022, credit lines followed the Selic rate (today at 13.75% per year) + 1.25% on the contracted amount, for financing made in 2020; or Selic + 6% for financing granted from 2021. The text has already been extended for another 60 days and needs to be voted on by April 5 for the rules to remain valid.
airline industry
Another provisional measure by the Bolsonaro government amends the law establishing the Perse – Emergency Program for the Resumption of the Events Sector (MP 1,147/2022). The text eliminates the PIS and Cofins rates on revenues arising from the activity of regular air transport of passengers earned in the period from January 1, 2023 to December 31, 2026. When it was edited, the economic team said that the measure promotes the promotion of the sector and would not result in the waiver of tax revenues and would not impact revenue for the year 2023.
Exemption for fuels
One of the MPs signed by the Lula government and which will demand the attention of congressmen with some urgency is the one that extends the exemption of federal taxes on fuels. By MP 1,157/2023, the rates of PIS/Pasep and Cofins levied on diesel oil, biodiesel and liquefied petroleum gas are reduced to zero until December 31, 2023. The collection of the two taxes on gasoline and alcohol is suspended until December 28 of February. The exemption also applies to imported fuels.
Brazil Aid
The provisional measure that maintains the benefit of R$ 600 from Auxílio Brasil also brings an addition to the Auxílio Gás Program, in the amount of half of the cylinder. MP 1,155/2023 institutes an additional R$ 200 in the monthly amount paid to families who receive the Auxílio Brasil, which brings the total benefit to R$ 600.
The resources were guaranteed by constitutional amendment enacted by the National Congress at the end of 2022 (Constitutional Amendment 126). An additional second of Auxílio Brasil, in the amount of R$ 150 for each child up to 6 years of age, was also in the negotiations of the PEC that became EC 126, but did not enter the MP. The MP has a maximum period of validity until April 2.
Extinction of Funasa
The provisional measure that extinguishes the National Health Foundation (Funasa) is part of the set of changes in the structure of the government that were made by President Lula. The foundation’s activities are being transferred to other government bodies.
Funasa is a public foundation linked to the Ministry of Health and its work is focused on the promotion and protection of health, implementing actions especially in the area of sanitation for the prevention and control of diseases. The headquarters are in Brasilia and each state has a superintendent. With the changes foreseen in MP 1,156/2023, activities related to health and environment surveillance will be under the responsibility of the Ministry of Health, and the other activities of Funasa will be assumed by the Ministry of Cities.
Learn about other provisional measures pending in Congress:
- MP 1140/2022 – creates a program to prevent sexual harassment in schools;
- MP 1138/2022 – reduces taxes on remittances abroad to cover travel expenses;
- MP 1137/2022 – zero income tax for foreigners investing in Brazil;
- MP 1153/2022 – suspend until 2025 the application of fines to drivers without drug testing;
- MP 1152/2022 – changes legislation on Income Tax and Social Contribution of companies;
- MP 1151/2022 – encourages the market for carbon credits in forest management;
- MP 1150/2022 – gives another 180 days to adhere to the Environmental Regularization Program;
- MP 1149/2022 – authorizes Caixa to manage the DPVAT fund in 2023;
- MP 1148/2022 – extends rules for Brazilian companies operating abroad;
- MP 1146/2022 – alters the salary calculation table for employees abroad;
- MP 1145/2022 – changes the tachograph inspection fee value;
- MP 1144/2022 – opens R$ 7.5 billion in credit for the Ministry of Labor and Social Security;
- MP 1142/2022 – extend contracts of health professionals in RJ;
- MP 1141/2022 – authorizes hiring without a selection process to work in the 2022 Census;
- MP 1136/2022 – deals with the National Fund for Scientific and Technological Development (FNDCT);
- MP 1135/2022 – deals with transfers to the cultural sector;
- MP 1160/2023 – restores the casting vote in Carf;
- MP 1159/2023 – removes ICMS from the PIS and Cofins calculation base;
- MP 1158/2023 – returns Coaf to the Ministry of Finance;
- MP 1154/2023 – attributions of the 37 ministries of the new government.
With information from Senate Agency.
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