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Bye bye separation of powers: Justice Gilmar Mendes finds that Bolsa Família can stay outside parliament spending ceiling

Those who still had doubts about the chaotic situation in Brazil should start to see the country for what it is.

Now the Supreme Court STF also defines the Union’s budget. Justice Gilmar Mendes decided that the Bolsa Família could stay out of the spending cap.

Separation of Powers? No, the judiciary continues to act politically!

Here the facts:

On Sunday night (Dec. 18), the Justice of the Federal Supreme Court (STF), Gilmar Mendes, determined that the resources intended for the payment of benefits to guarantee “minimum income” are outside the spending ceiling. He attended the Sustainability Network party (Rede Sustentabilidade).

Mendes also determined that money can be guaranteed for Auxílio Brasil by opening an extraordinary credit and that there must be enough money to maintain the value of R$600.

Mendes’ decision comes amid negotiations between the new government and the National Congress for the approval of the proposed change in the Constitution that expands the spending ceiling too, among other points, ensure the payment of R$600 of the Auxílio Brasil (renamed Bolsa Família) and recompose the budget of several sectors.

Justice of the Brazilian Federal Supreme Court (STF), Gilmar Mendes (Photo internet reproduction)

The text, approved by the Federal Senate last week, is under analysis by the Chamber of Deputies.

“I consider it legally possible that any additional expenditure of resources with the objective of defraying the expenses related to the maintenance, in the 2023 financial year, of the Auxílio Brasil program (or any social program that succeeds it (…) can be made possible by opening credit extraordinary (…), and it should be noted that such expenses (…) are not included in the calculation base and in the limits established in the constitutional expenditure ceiling”, stated Mendes in his decision.

By decision of the Supreme Justice, the amount needed to pay the difference between R$405 (amount foreseen in the budget for the benefit) and R$600 (extension of the current amount for next year) must be made possible by the additional credit, which will be off the roof.

Mendes also stated that government resources also serve to guarantee rights provided for in the Federal Constitution.

“Financial resources exist to meet the countless expenses arising from the fundamental rights advocated by the Constitution”, he decided.

With information from Gazeta Brasil

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