Goes to the PEC Chamber that prohibits the Union from creating expenses for states and municipalities without a source of revenue

Moreira Mariz / Senado Agency


This Wednesday (26), the Senate unanimously approved a proposal to amend the Constitution (PEC), which prohibits the Union from creating expenses for other federal entities without providing for the transfer of resources for funding. THE PEC 84/2015, by Senator Ana Amélia (PP-RS), responds to a claim by states and municipalities, who claim they cannot afford some programs created by the Union. The text, approved in two rounds, goes to the Chamber of Deputies.

The PEC was being processed on an urgent basis and, therefore, was not voted on by the Constitution, Justice and Citizenship Commission (CCJ). The content of the proposal, however, was the subject of debates in the Special Committee for the Improvement of the Federative Pact, created by the president of the Senate, Renan Calheiros.

In justifying the text, Ana Amélia stated that the subdivision of public authority tasks can improve the application of resources and help achieve the quality goals of services provided to the population. This decentralization, however, cannot be a simple one-way street, in which obligations are divided, but the revenue remains concentrated.

The text was approved with amendments made by the rapporteur, Senator Delcídio do Amaral (PT-MS) to provide for the possibility of an increase in expenditure if there is a budgetary and financial forecast to cover these charges. The senators also accepted a modification made by the rapporteur to exempt from the prohibition the obligations assumed spontaneously by the federated entities and those arising from increases in the minimum wage.


The matter was unanimously approved, praised by senators from various parties. Fernando Bezerra Coelho (PSB-PE) celebrated the approval. For him, when approving the matter, Congress assumes co-responsibility with the fiscal adjustment and the Fiscal Responsibility Law.

- It is very easy to propose and charge without knowing where the money comes from. Congratulations to the senator and everyone who worked for the vote on this PEC today - he said.

Senator Walter Pinheiro (PT-BA), praised the initiative of Renan Calheiros (PMDB-AL) to create a commission to examine proposals of the federative pact.

When congratulating the author of the proposal, José Serra (PSDB-SP) cited as an example the establishment of the national floor for teachers, which needs to be paid by states and municipalities, but was imposed at the federal level. For him, it is necessary to change the mentality and increase the responsibility of Congress in the votes it promotes.

In the definition of Randolfe Rodrigues (PSOL-AP), the senator's initiative “is brilliant” and protects states and municipalities from tax breaks created by the Union that affect the transfer of participation funds.

- It is an appropriate measure and I would say that it is the best proposal to amend the Constitution that lives up to the federative principle that we have approved here in the Senate in recent years - said Randolfe.


Waldemir Moka (PMDB-MS) recalled that the mayors had long claimed this change. The senator congratulated all the mayors of Brazil, who, with their demonstrations, inspired the PEC.

The article was also praised by senators Elmano Férrer (PTB-PI), Cássio Cunha Lima (PSDB-PB), Vanessa Grazziotin (PCdoB-AM), José Medeiros (PPS-MT), Eduardo Amorim (PSC-SE), Otto Alencar (PSD-BA), Lúcia Vânia (PSB-GO), Marcelo Crivella (PRB-RJ), João Capiberibe (PSB-AP), Reguffe (PDT-DF), Aécio Neves (PSDB-MG) José Agripino (DEM-RN ) and Ronaldo Caiado (DEM-GO).

DEM senators recalled that Deputy Mendonça Filho (DEM-PE) is the author of a PEC with similar content in the Chamber of Deputies and needs to have his merit recognized alongside the senator.


Source: Agência Senado (26/08)

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