Dino pokes Congress and denies “usurpation of powers” ​​regarding rules for parliamentary amendments

Minister Flávio Dino, of the Federal Supreme Court (STF), denied this Friday (27) that he is invading the jurisdiction of the National Congress by determining transparency rules on the application of resources from parliamentary amendments. The criticism was made during a public hearing within the process that aims to standardize the use of funds, which has generated reactions in the legislature since last year.

The hearing was scheduled by the minister himself so that the presidents of the Chamber of Deputies, Hugo Motta (Republicans-PB), and of the Senate, Davi Alcolumbre (União-AP), could defend the so-called mandatory amendments. They, however, decided not to participate.

“If the National Congress wants to remove fiscal responsibility from the Constitution, it can do so. If Congress wants to remove presidentialism from the Constitution, it can do so. It can also deconstitutionalize the budgetary due process. But as long as it is in the Constitution, it is not an invasion of the Supreme Court, but rather a duty,” Dino stated at the beginning of the hearing.

The minister also emphasized that his work to provide transparency in the application of funds from the amendments has nothing to do with the interests of the government of President Luiz Inácio Lula da Silva (PT), who appointed him to the position at the STF. For Dino, it is about complying with the Constitution.

“The issue of mandatory amendments is a topic that has been discussed by the governments of President Dilma, President Temer, Bolsonaro, President Lula and the next president, whoever that may be. We are not dealing with an issue that is of interest to one government,” he pointed out.

This year alone, the mandatory amendments total R$50 billion of the budget and have become a central piece of the crisis between the government and Congress due to the delay in payment. This led, among other reasons, to Lula's defeat last Wednesday (25) when the deputies and senators overturned the decree that intended to increase the IOF tax rate.

The government claims that the act was unconstitutional and must go to court to reverse Congress' decision.

In parallel, Motta and Alcolumbre's withdrawal from participating in the hearing this Friday (27) also has to do with the launch of another phase of Operation Overclean, by the Federal Police, against the diversion of parliamentary amendments. A deputy from the PDT, a party that is part of Lula's allied base, was one of the targets of the action in Bahia, which also led to the removal of a PSB mayor in the state.