TCU upholds decision regarding the return of funds.
The Brazilian Federal Court of Accounts (TCU) upheld the decision requiring 464 Senate employees to return amounts received above the constitutional ceiling of R$ 28 over the past five years; the court's press office confirmed that the decision remains valid until the TCU rules on the appeal filed by the Federal Public Prosecutor's Office (MPF), which requested the reversal of the measure.
Carolina Gonçalves and Karine Melo
Reporters from Agência Brasil
Brasilia - The determination by the Federal Court of Accounts (TCU) that the 464 civil servants return the amounts received above the constitutional ceiling of R$ 28 in the last five years is maintained. Unlike what they told senators who are part of the House's Board of Directors yesterday (10), the court's press office confirmed to Agência Brasil that the decision is valid until the TCU judges the appeal presented by the Federal Public Ministry which requested the reversal of the measure.
According to the court, the appeal filed by Deputy Attorney General Lucas Rocha Furtado has not yet been validated, meaning that it has not even been decided whether the document is legally admissible for examination. "Currently, the request is under review in the office of the rapporteur for the appeal, chosen by lottery, Minister José Múcio [Monteiro]. It is through the minister's pronouncement on the admissibility or inadmissibility of the request that we will know whether the item of the appealed judgment will have its effects suspended or not," the court's press office highlighted in a statement.
The reporting minister has no deadline to issue a ruling on the case. According to the TCU's statement, Múcio assured that he "will conduct the analysis thoroughly and as quickly as possible."
The expectation is that Minister José Múcio will decide on the appeal within 30 days – the deadline given to the Senate to fully comply with the ruling. Until then, the House remains obligated to return the extra amounts and bring salaries in line with the constitutional ceiling.
Yesterday, even after the president of the Senate, Renan Calheiros (PMDB-AL), confirmed the salary cuts and the immediate return of the extra amounts in this month's payroll, the first secretary of the Senate's Board of Directors, Senator Flexa Ribeiro (PSDB-PA), and the second vice-president of the House, Romero Jucá (PMDB-RR), managed to convince Renan that the Senate did not need to comply with the order, which, according to them, was suspended.
If the court does not amend the ruling by the deadline and the Senate does not return the extra amounts, the Board of Directors may be fined more than R$ 43. The amount may be even higher if the ministers find that there was any damage to public assets. The court also stipulated that compliance with the ruling will be rigorously monitored by one of the agency's oversight departments.
Edited by: Talita Cavalcante