The Ministry of Economy is trying to sign an agreement with ministers of the Federal Supreme Court (STF) in an attempt to find a solution to the breach of nearly R$ 90 billion that the payment of court orders would generate in the Union Budget in 2022. For this, a resolution it has already been written by the Federal Court of Accounts (TCU), aiming that only less than half of this amount is paid in the year to whom, and the rest to 2023.
The document, to which the CNN Brazil had access, shows that exact R$ 39,943 billion would be paid in 2022, an amount that means what was paid in court orders by the Union in 2016 — the year of insertion of the spending ceiling in the Federal Constitution. The other R$ 49,171 billion would be for 2023, “taking into account the chronological order”, as stated in the TCU document.
Despite having been written by ministers of the Federal Court of Accounts, the idea is that the resolution be signed by the National Council of Justice (CNJ). According to the document, the intention is to establish guidelines for the payment due through court rulings. Thus, the amount disbursed by the Union next year would be the same as in 2016, however, corrected by the Broad National Consumer Price Index (IPCA).
Interlocutors linked to the Ministry of Economy and TCU told the CNN Brazil that the idea of the agreement is to prevent political confusion from advancing to the point of removing court orders from the spending ceiling, which, in the view of the TCU, would be even more harmful to public accounts. The draft has already been presented to minister Paulo Guedes. The Ministry of Economy would be willing to give in for fear that, by breaking the spending ceiling, Brazil’s image abroad will get even worse.
The president of the STF, Luiz Fux, would be consulting the other ministers of the Court in search of approval from most of them. Fux is waiting for the position of the members of the Supreme Court before deciding whether to sign the document or whether TCU will have this role.
The draft comes after resistance in the National Congress to the proposed amendment to the Constitution sent by the Planalto Palace to parliamentarians. Behind the scenes, deputies and senators still criticize the possibility raised by the federal government that part of the resources to be raised with privatizations are used to pay the debts of the court orders.