Lewandowski asks Sarney for explanations regarding FPE.
Acting President of the Supreme Federal Court, Ricardo Lewandowski, wants to know why the National Congress has not defined new rules for the distribution of resources from the State Participation Fund (FPE), despite the Supreme Court having mandated it.
BRASILIA, Jan 22 (Reuters) - The acting president of the Supreme Federal Court (STF), Ricardo Lewandowski, on Tuesday asked the president of Congress, Senator José Sarney (PMDB-AP), for explanations regarding the Legislative branch's inaction in defining new rules for the distribution of resources from the State Participation Fund (FPE).
The letter sent by Lewandowski to Sarney is the first reaction from the Judiciary to the lawsuit filed by the governors of Minas Gerais, Antonio Anastasia (PSDB); Pernambuco, Eduardo Campos (PSB); Bahia, Jaques Wagner (PT); and Maranhão, Roseana Sarney (PMDB), which requests the maintenance of the current rules until the Legislature votes on new criteria.
According to the Supreme Court's press office, Lewandowski gave Sarney five days to respond.
In 2010, the Brazilian Supreme Court (STF) deemed the current rules for distributing the FPE (Fund for Participation of States and Municipalities) unconstitutional, but to avoid legal uncertainty, it determined that they would remain in effect until December 31, 2012.
During this period, Congress was supposed to approve new criteria for the distribution of the fund's resources among the 27 states. However, the deadline passed and the legislature did not vote on new rules.
In the Direct Action of Unconstitutionality by Omission, the four governors, from parties both supporting President Dilma Rousseff and in the opposition, are asking the Supreme Federal Court (STF) to consider that the inaction of Congress violated the Constitution and to decide, in a preliminary injunction to be subsequently ratified by the full Court, to maintain the current rules until the Legislature approves new criteria.
The Ministry of Finance transferred the FPE (Fund for Participation of States) resources to the 27 Federative Units on January 10th and 20th, as planned, based on a decision by the Federal Court of Accounts (TCU) and following discussions between ministry officials and members of the Supreme Court.
Future transfers, however, become uncertain due to the lack of new rules for the distribution of FPE resources.
(Reporting by Ana Flor)