Lewandowski: "You can't stop a country"

247 - Brazilian Supreme Court Justice Ricardo Lewandowski, who is temporarily presiding over the Supreme Federal Court, has just rejected the direct action of unconstitutionality that had been proposed by the presidents of the PSDB party, Sergio Guerra, and the DEM party, Agripino Maia, who were challenging Provisional Measure 598/12. Issued by President Dilma Rousseff, it released R$ 42,5 billion for PAC (Growth Acceleration Program) spending and other federal government expenses, after a decision by Justice Luiz Fux prevented the voting on the federal budget at the end of last year, in the oil royalties episode – Fux wanted Congress to first evaluate all of President Dilma's vetoes. "You can't stop a country," Justice Lewandowski stated in his decision.

"Although the Supreme Federal Court has, on more than one occasion, ruled on the need to impose limits on the exceptional legislative activity of the Executive Branch, especially in the issuance of provisional measures for the opening of extraordinary credit, it has never peremptorily prohibited the use of this type of normative act in situations of relevance and urgency," the minister argued.

Due to this emergency situation, Lewandowski rejected the request made by the two parties. "I understand that the situation described in the records demonstrates, at first glance, the occurrence of reverse periculum in mora, that is, the suspension of the act could cause damage that is difficult to repair not only to the Brazilian State but also to society itself, which would be irreparably harmed by the paralysis of essential public services." 

Below is a previous news report from 247 about the case, when PSDB and DEM proposed the injunction: 

PSDB and DEM ATTEMPT TO BLOCK R$ 42 BILLION FOR PAC PROJECTS

The opposition parties, led by Congressman Sergio Guerra (PSDB-PE) and Senator Agripino Maia (DEM-RN), filed a direct action of unconstitutionality with the Supreme Federal Court against Provisional Measure 598/12. This measure opens an extraordinary credit of R$ 42,5 billion in favor of federal agencies and state-owned companies, guaranteeing resources for PAC (Growth Acceleration Program) projects and circumventing the delay in the approval of the Union Budget for 2013.

January 23, 2013 at 06:32 AM

Brasilia - The PSDB and DEM filed today (22) a direct action of unconstitutionality (Adin) in the Supreme Federal Court (STF) against Provisional Measure (MP) 598/12. The MP opens extraordinary credit in the net amount of R$ 42,5 billion in favor of federal bodies and state-owned companies and guarantees resources for works of the Growth Acceleration Program (PAC), circumventing the delay in the approval of the Union Budget for 2013.

"It is an invasion of the prerogatives of the National Congress that has been practiced by the Executive Branch, and this measuring stick to determine the limits of each branch of government is very well defined by the Brazilian Constitution. What occurred was nothing more than a new cover-up by the Dilma government. This provisional measure aims to mask the GDP figures for the first quarter," criticized Congressman Ronaldo Caiado (DEM-GO).

The provisional measure was issued because, without an agreement to analyze President Dilma's vetoes of the Royalties Law, Congress postponed the vote on the 2013 Federal Budget until after the recess in February. According to Caiado, the government will not be harmed by the non-vote on the 2013 budget, since, until that happens, it can maintain funding with 1/12 (one twelfth) of the total budget amount. Furthermore, according to the congressman, there are an additional R$ 178 billion in outstanding payments.

According to the government leader in the Senate, Eduardo Braga (PMDB-AM), Provisional Measure 598 complies with the principles of legality. "The government took a responsible measure to avoid paralyzing the country, guaranteeing the necessary investments and payment of salaries until the Budget is voted on by Congress," he explained.

In 2008, the Brazilian Supreme Court (STF) ruled that the issuance of supplementary credits to the General Budget of the Union through provisional measures was illegal, as it could only be done through a bill. Even so, on December 27th of last year, when Provisional Measure 598 was issued, the Minister of Planning, Miriam Belchior, pointed out that this was not the first time the government had used this instrument to release extraordinary credit without a sanctioned budget.

The minister recalled that in 2006, when the budget was only voted on in April, the government issued a provisional measure to regulate spending and "no one questioned it." Belchior also highlighted that, in 2010, the government issued a provisional measure because Congress had not been able to vote on the supplementary credits related to that year's budget in time.

"The Attorney General's Office, the Civil House, and the legal counsel of the Ministry of Planning assessed that there is no problem in issuing the provisional measure. I don't want to interpret a Supreme Court ruling here, but the government is comfortable in issuing the text, and the president wouldn't do it if she didn't have confidence," Miriam Belchior said at the time.

Contacted by Agência Brasil, the general rapporteur of the Annual Budget Bill, Senator Romero Jucá (PMDB-RR), did not return calls to comment on the matter. The press office of the Ministry of Planning had also not commented on the lawsuit by the time this report was published.