On Saturday (5), the Federal Supreme Court (STF) formed that the appropriate revenues for the federal judicial authority are not submitted to the extent of expenditures imposed by the new tax framework.
The case was transferred to the court by the Brazilian Judges Association (AIB), which questioned the framing of these revenues on the ceiling of spending for the new tax base.
The virtual public trial has been suspended since February, after a request from Minister Gilmar Mendes. Before requesting, ministers Alexander de Mora (the headquarters of the case), Dias Topy and Sacon Fashin voted in favor of removing these revenues from the base.
After the trial appealed, the decision also was accompanied by Ministers Gilmar, Luis Roberto Barroso and Cristiano Zanin. The other ministers until Friday (11) to vote.
In the vote, Moraaes was classified as a “Prestige” solution to the authorities between the authorities to remove the appropriate revenues for the trade union judiciary from the account base and the borders stipulated in the tax framework.
Another submitted argument is that this logic is close to what is already practiced between state courts and does not affect “institutional commitment in the efforts made to restore the financial girl.”
“Revenue from the union will remain and form a public budget is governed by the ceiling of the sustainable tax system. It is not offered except that the elimination of its own initiative,” Raptor said.
The decision did not take into account the arguments of Congress and the executive authority, at the time of the approval of the framework, that reducing the expenses of the judiciary was constitutional and aimed at the economy of public resources.
In the lawsuit, the Public Prosecutor (AGU) and the Public Prosecutor’s Office (PGR) did not agree with regard to the exception of the judiciary from the base.
New tax base
The tax frame, set by the government of President Louise Insio Lula da Silva (PT) in the first months of the position, replaced the previous, Ceiling It establishes a system to control public expenditures based on the growth of the group.
It determines an end to the increase in the initial expenses of the union, allowing it to grow between 0.6 % and 2.5 % per year over inflation, according to the performance of revenue.
Inside this system, there is a lock that prevents spending from growing more than 70 % of the increase in real revenue.
In the case of the judiciary, the service of the public prosecution and other bodies with self -independence for the budget, the framework determines that the growth of its expenses must also respect the global borders specified for a group of authorities, in proportionally proportional, even if each self -independence body has to determine the internal allocation of its resources.
