“Secret budget” will be debated again in the STF in October

Minister Flávio Dino, of the Federal Supreme Court (STF), scheduled a new hearing for the day October 10thwith the aim of discussing parliamentary amendments and the so-called “secret budget”. The hearing seeks to assess compliance with the STF’s previous decisions on the execution of payments and may lead to a review of the partial resumption of commission (RP8) and rapporteur (RP9) amendments, especially for works already in progress.

According to the minister, the partial resumption of amendments may occur as long as the works are ongoing and follow clear and transparent rules. Dino reinforced that after the meeting and analysis of the deliberations, he will decide on the issue.

“I will consider the request for partial resumption of the execution of amendments RP 8 and RP 9, specifically regarding works actually in progress, as required, as long as they comply with appropriate rules”, stated the minister.

Representatives of the Attorney General’s Office (AGU), the Attorney General’s Office (PGR), the lawyers of the Chamber of Deputies and the Federal Senate were summoned to the hearing, as well as members of the Psol party, which filed the lawsuit against the secret budget. The action, known as ADPF 854, was filed by Psol in 2021, contesting the lack of transparency in the rapporteur’s amendments.

The STF judgment could result in significant changes in the way the federal budget is managed and distributed, influencing both the relationship between the Executive and Legislative branches and access to public resources by parliamentarians and mayors. The decision could bring more rigor and transparency to the use of parliamentary amendments or, possibly, maintain part of the practices with adjustments for greater control.

Remember the case

In 2022, the STF ordered the end of rapporteur amendments, which became known as the “secret budget” due to their lack of transparency and control. However, in August of this year, Flávio Dino accepted a complaint that the commission’s amendments were replicating the same opacity problems, and imposed new demands for transparency in their execution.

In the order, the minister highlighted that it is “absolutely incompatible with the Federal Constitution” that a ruling by the STF, handed down two years ago, has not yet been properly executed, compromising harmony between the powers.

Since then, the STF has been evaluating whether the RP9 amendments violate constitutional principles, especially those of advertising, morality, impersonality and efficiency in the use of public resources.

One of the main questions is about the lack of transparency in the allocation of these funds and the lack of clarity about who the parliamentarians are who indicate the resources, which makes control and oversight difficult.

In December 2021, Minister Rosa Weber, rapporteur of the case, temporarily suspended the execution of these amendments, determining that the allocation of resources be done in a transparent manner and identifying the parliamentarians responsible for the nominations.

In 2023 and 2024, the STF will continue to debate the topic, with the court likely to reinforce the need for greater transparency. The partial suspension of the implementation of the amendments generated dissatisfaction in Congress, mainly because it affected the release of resources, except in cases of calamity or for works that had already started. In response, the Three Powers reached an agreement at the end of August, establishing new criteria for the release of resources, in an attempt to reconcile the demands of the Legislature with the demands of the Judiciary.