Minister Flávio Dino, from the (STF), kept the execution of parliamentary amendments to the so-called “secret budget” suspended this Thursday (10).
In the decision, the judge said that “the serious and unacceptable situation of non-compliance” with the Supreme Court’s determination, which deemed the allocation of amendments without transparency, unconstitutional.
Dino also said that the STF’s orders on the issue are not suppressing parliamentary prerogatives over the budget. He highlighted that it is up to the STF to give the last word on the scope of the Constitution’s rules.
According to the minister’s decision, the execution of the .
“In view of the evident partial non-compliance with the aforementioned decision on the merits, I establish that the measures to impede or restrict the execution of the amendments used for what is conventionally called the ‘secret budget’ remain fully in force, that is, the amendments RP 9 and RP 8”, said Dino.
The minister said that it will only be possible to review the suspension of payments for amendments when “effective measures” of transparency and traceability have been taken by Congress and the Executive.
In his ruling, Dino said Congress failed to present information he had determined.
“The Chamber of Deputies and the Federal Senate limited themselves to pointing out that solutions must be defined in a Complementary Law Project (PLP), the processing of which has not even started”, stated Dino.
“Despite the unpredictability regarding the presentation, processing and approval of the aforementioned PLP, the Chamber and Senate understand that mechanisms to guarantee transparency and traceability to be adopted for the 2025 budget depend on forecasts in future legislation”.
Congress’s position was presented in .
Powers
In his decision, Dino said that there are no “powers dissociated from duties” in the constitutional system.
“In this case, the power to prepare and act on part of the budget execution is accompanied by the duty to comply with the due legal process contained in the Federal Constitution. And, if this duty is not observed, it is up to the Judiciary to ensure the authority of constitutional norms.”
According to Dino, it is up to the STF to give the last word on the scope of the Constitution’s rules.
“No imposition in a State of Law is greater than the order derived directly from the Federal Constitution, whose custody is the responsibility of the STF, as the body that – in light of the essential clause of the separation of powers – establishes the last word on the scope of the rules issued of the Constituent Power”.
