CCJ approves CEP which defers payment of debts and extends spending limit

The CCJ of the Senate approves the PEC of the precatório by 16 votes against 10. The case passes in plenary. Photo: Pedro França / Senate Agency

The Constitution and Justice Commission (CCJ) of the Senate approved this Tuesday (30), by 16 votes to 10, the replacement of the proposed amendment to the Constitution (PEC) n ° 23/21, known as “PEC de precatório” . The session was interrupted for more than an hour so that parliamentarians could come to an agreement.

Now the question will be assessed by the plenary of the House; 49 favorable votes are needed in two rounds for its approval. Parliamentarians rejected all the salient facts of the matter. The Minister of Citizenship, João Roma, was present at the hearing to follow the vote.

The PEC postpones the payment of part of the 89.1 billion reais of court orders that the government is expected to pay next year, and at the same time changes the rule for correcting the expenditure ceiling, the main budgetary anchor of the government. country. These measures, combined, are expected to allow additional spending of more than R $ 106 billion in 2022. The measure could also allow fiscal space of up to R $ 15 billion in the 2021 budget.

It is with this space that the federal government can finance the Auxílio Brasil program, which replaces Bolsa Família. President Jair Bolsonaro (PL) would like to pay a ticket of at least R $ 400 to beneficiary families and increase the reach of the program so that 17 million people start receiving the resource. With the approval of the PEC, around R $ 50 billion would go to the government’s new aid program. The proposal also makes the aid permanent, although it does not indicate its source of funding from 2023. The remainder would be used to readjust social security benefits and other expenses that were underestimated in the budget. budget.

Changes

This Tuesday, Fernando Bezerra Coelho (MDB-PE), rapporteur of the PEC and Leader of the Government in the Senate, presented a complementary vote with new adjustments in the matter, and asked that the PEC be assessed by the plenary today .

In a nod to the PDS and DEM benches, the congressman withdrew the precarious Fundef – around 16 billion reais – from the spending ceiling. Despite this, the rapporteur has maintained the staggered payment of these debts: 40% of Fundef’s court decisions will be paid by April 30, 2022, 30% by August 31, 2023 and the remaining 30% by December 31, 2024.

At least 60% of the amount owed by the Union – around R $ 9.6 billion – must be transferred to education professionals, including retirees and retirees, in the form of allowances. With the change, the government will be able to pay more court orders up to the limit of around R $ 40 billion.

The CEP also requires the federal government to regulate, for a period of 90 days from the beginning of 2022, the settlement of accounts with holders of judicial debts with the federal government. tax – as determined by the emergency PEC – receive relief in the payment of court-ordered installments.

In the substitute, the rapporteur also determines that from 2023, any increases in the Brazilian aid budget comply with the fiscal responsibility law (LRF), contrary to what the PEC provides for 2022. The provision establishes that any Creation of permanent expenses must be offset by reducing fixed expenses or increasing income. For next year, however, the CEP makes the program permanent and, at the same time, exempts the federal government from presenting financial compensation to fund the program – thereby bypassing the LRF requirement.

“In the voting supplement that I just read, we say that the exception is exclusively for the year 2022, because we have a structural growth in income that can pay for Brazil Aid. But, for the following years, it is necessary to attend to the requirements of the law on fiscal responsibility. In the new wording, it was clear to be able to remove this doubt, which is valid, compared to the previous wording “, said the rapporteur of the PEC.

From now on, the proposal will be examined by the plenary of the Senate. Sent by the Executive to Congress in August, the PEC was approved in the Chamber of Deputies on November 9. In the Senate, 40 amendments were presented, of which 13 were accepted by the rapporteur.

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