The Federal Supreme Court (STF) unanimously confirmed the understanding that excludes the funds obtained by the judiciary from the expenditure limit set out in the tax framework. The case was tested in a virtual plenary, completed on Friday, 11, and since last week had a favorable majority to the request submitted by the Association of Brazilian Magistrates (Amb). As showed EndureThe government will eventually have to compensate for this exception with increased revenue or reduction costs in other areas.
Last year, these own revenue closed with approximately $ 2 billion. Removal of these amounts from the expenditure limit was reported by Minister Alexandre de Moraes, who left the correct income from the courts and bodies for the Union courts and bodies for the costs of services related to the judiciary.
This treatment can make it difficult for the government’s fiscal management because, although it is not reported the expenditure limit, the cost will still be reported in the primary result, which has the case and must be followed by the CEO under penalties. Next year, the financial team has the challenge of promoting the first surplus since the framework for the framework, as the goal is to make a positive result of 0.25% of GDP.
When it was created, the framework has already predicted some exceptions to the expenditure limit, such as expenses for federal universities and scientific institutions in amounts financed with their own revenue. When release of the Supreme Court, AMB claimed that the same understanding should be applied to the correct revenue from the Union’s judicial system. Most of these funds come from the sale of the payroll administration.
The government is contrary to the association’s request. For the Supreme Court, the Union’s lawyer (AGU) recalled that even if these expenses are exempted from the limit, they still remain in the primary result. This situation enables any disorder growth of these expenses must be compensated with the reduction of other expenses or the creation of new revenue so as not to compromise on fulfilling the goals.
Economist and researcher Marcos Mendes criticized parallelism between the expenses that already except in the tax framework and the judiciary’s funds. In a new interview with Broadcast, the Economist quoted the example of Embrapa, which develops products and sells to the market and thus generates its own revenue. “Embrapa creates new revenue through work, innovation, the same with the university foundations. This differs greatly from the judiciary, which simply makes accusations of legal costs, salary management. These are things related to public money management,” he said.
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For Minister Alexandre de Moraes, however, is a solution that is a solution that honors the judiciary. “Solution is approaching what is already exercised among state courts and does not affect institutional commitment to the effort to recycle funding. It is that revenues from the Union and formed by the public budget will continue to be guided by the roof of the sustainable financial regime,” said the minister.
He quoted in the previous decision when the Supreme Court excluded from the expenditure ceiling the investments implemented by funds affected to special public funds established by the judiciary, the courts, the Prosecutor’s Office, the public defenders and the lawyers in the states and the federal district.
In the STF demonstration, in addition to legally criticizing the request, Agu said that the tax effort is responsible for “all powers”. “The unsustainability of public debt is not only the problem of the executive branch. It affects the entire Brazilian population, to which legislative, executive and judicial system should serve,” wrote Minister Jorge Messiah.
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For the members of the judicial system, for the class that the class does not make its contribution to financial adaptation. A source mentioned that in 2009, the Union’s judicial system represented 4.83% of the Union’s financial budget. This year this fell to 2.93%. This decrease, according to her, was released to the CEO more than $ 40 billion in 2025 – compared to participation in 2009.