Transfers can only be limited if revenue is below expectations
The STF (Supreme Federal Court) has determined that the budgetary funds allocated to public universities in Rio de Janeiro by the Executive Branch be transferred monthly in the proportion of 1/12 of the institutions’ annual budget. The decision was made in the ADPF trial 474.
This financial regime ensures the autonomy of Rio de Janeiro universities and follows the model outlined in the state Constitution. Transfers can only be limited if revenue is below expectations.
The lawsuit was filed by the Rede Sustentabilidade party to question the concentration of financial and budgetary management of public universities in Rio de Janeiro state in the state government. According to the party, the government is failing to release funds to universities, causing delays in salary payments.
The party asked the government to start transferring funds using the twelfth-part method. This method is the same used for the Legislative, Judiciary, Public Prosecutor’s Office and Public Defender’s Office, as determined by the Constitution, which requires the Executive to transfer by the 20th of each month 1/12 of the amount provided for in the budget for these bodies.
The rapporteur of the case, Minister Rosa Weber (retired), voted to consider the action as having been dismissed, since, after the presentation of the ADPF, State Constitutional Amendment 71/2017 was approved, which ensures the transfer of funds in twelfths. Minister Gilmar Mendes agreed.
However, the vote of the president of the STF, Minister Luís Roberto Barroso, prevailed. He noted that, despite the state amendment, there are still restrictions on transfers and difficulties for universities to cover regular payments.
“The scenario demonstrated in the records highlights a framework of progressive and systematic suppression of a minimum space for self-management, which persists to this day and tends to compromise the very existence of universities.”, he highlighted.
With information from STF.
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