The Minister of the Federal Supreme Court, Núñez Márquez, requested information from Senator Marcos de Val (Podemos-ES), the rapporteur of the 2023 Budget Guidelines Law (LDO), about the text approved in the congressional committee last week. This is due to the fact that the approved version of the next year’s budget draft provides for the mandatory payment of the rapporteur’s amendments, which became known as the “secret budget”.
The minister adopted the law of mandamus as the basis and the deadline for demonstrations is ten days.
“I consider the preliminary collection of explanations important for an adequate and safe confrontation of the liquid and some law. Notify the requested authority to provide information. Notify the General Prosecutor’s Office. Then open your eyes to the General Prosecutor’s Office,” said the minister.
Last Friday, a group of congressmen sent a writ of mandamus to the Supreme Court, asking them to suspend a section of the LDO report that mandates implementation of the rapporteur’s amendments (RP 9) next year. For Senators Alessandro Vieira (PSDB-SE) and Randolph Rodríguez (Rede-AP) and Deputy Tabata Amaral (PSB-SP), who signed the document sent to the Court, this is an unconstitutional proposal.
Approved last Wednesday (29) in the Joint Budget Committee (CMO), Senator Marcos du Val’s report suggests that the rapporteur’s changes, known as the “secret budget”, due to their low transparency, are of an influential nature. .
“In practice, this means that the executive will not be free to redistribute some of these resources to other areas if necessary. Therefore, it may affect the government’s ability to invest in national public policy,” the parliamentarians say.
In the mandate, the congressmen argue that the Constitution only provides for individual and major amendments as mandatory, and that therefore making the implementation of the rapporteur’s amendments mandatory can only happen through a proposed amendment to the Constitution (PEC). They also argue that final approval of the report as written would “irreparably damage the constitutional principle of legal certainty.”
Wanted Senator Marcos du Val said that he was not officially informed about this document, and as soon as it is communicated, he will report it.
The group is also demanding that the STF suspend with an injunction the article in the report that deals with the imposition of these changes and also underlines the urgency of action as the LDO must be voted by the National Congress by July 17.