Brazil's STF Justice Dino Demands Accountability for Parliamentary Amendments

Supreme Federal Court (STF) Justice Flávio Dino has ordered the Presidency of the Republic and the leaderships of the Chamber of Deputies and the Federal Senate to present a proposal for a "responsibility matrix" to control parliamentary amendments within 10 days. This decision stems from ADI 7995, which challenges the constitutionality of the current mandatory amendment system. The proposed framework must identify all individuals involved in the spending cycle and define their specific responsibilities at each stage, crucially including accountability for the parliamentarian who authorized the amendment's allocation.

Justice Dino reasoned that by directing funds and beneficiaries, congress members act as "anomalous spending officers," establishing a direct causal link between their indication and the budget's realization. He criticized the current "flight from responsibility" where parliamentarians deny involvement in the misuse of funds they designated. Dino found it contradictory that those who oversee the budget remain immune to control when deciding on the allocation of billions of reais, emphasizing that designating an amendment is not equivalent to a personal transfer. Audits by the CGU and TCU have revealed significant structural issues, including difficulty in tracing funds, diversion of purpose, stalled projects, and transfers to private entities without proper public selection.

Given the case's importance, Dino expedited the process for a definitive ruling by the STF plenary, consolidating it with other actions challenging the mandatory amendment system. Following the 10-day period for the government and Congress, the Attorney General's Office (AGU) and the Prosecutor General's Office (PGR) will each have five days to submit their opinions.