The Minister of the Supreme Federal Court (STF), Flávio Dino, authorized this Monday (8) the use of chamber and commission amendments for the payment of health personnel expenses, provided that their execution complies with the criteria of transparency and traceability.
Dino’s decision follows a recent agreement from the Federal Court of Auditors (TCU), which now authorizes the use of resources to pay the expenses of active personnel in the health sector. The agreement was revised after Congress approved a resolution in November authorizing the use of amendments for this purpose, leading the Court of Auditors to review the ban.
Therefore, the amendments used for this purpose must be sent to a single bank account, with the registration of employees who receive their salary through this method on the transparency portals, on a monthly basis.
In his ruling, however, Dino pointed out that the Constitution itself prohibits the use of individual amendments to pay for expenses, which might suggest that the same applies to collective amendments. However, the minister understood that the controversy had to be addressed in a separate action, since the process led by his rapporteur concerns individual amendments.
“If the ban on ‘individual amendments’ is based on the voluntary and transitory nature of resources, it must be considered that the same logic applies to ‘committee’ and ‘en banc’ amendments, under penalty of serious inconsistencies, generating legal insecurity. Such controversy must however be addressed in a specific action, taking into account the limitations arising from the purpose of this ADPF, in terms of transparency and traceability”, wrote the minister.
Dino is the rapporteur for several actions that deal with the effectiveness, traceability and transparency of parliamentary amendments made to the budget. The magistrate has determined several resource control measures, having already ordered blockages until the imposed rules are respected.
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