Raquel Lyra goes to the STF against the Assembly and creates a crisis with Powers in PE

Raquel Lyra goes to the STF against the Assembly and creates a crisis with Powers in PE
Raquel Lyra goes to the STF against the Assembly and creates a crisis with Powers in PE
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JOSÉ MATHEUS SANTOS
RECIFE, PE (FOLHAPRESS)

The governor of Pernambuco, Raquel Lyra (PSDB), filed a lawsuit with the STF (Supreme Federal Court) asking for the declaration of unconstitutionality of sections of the state Budget law approved in 2023 by the Legislative Assembly.

The episode generated a new crisis between the Executive and Legislative branches, which have had periodic clashes in the state since last year. This time, the crisis is bigger because it also involves the Judiciary and bodies that may have their Budget affected depending on the STF’s decision.

The points raised in the Pernambuco Government’s action in the STF were approved by the Assembly and vetoed by the governor. Then, the Legislature overturned Raquel Lyra’s vetoes.

One of the amendments questioned by Raquel in the action, opened on Friday (26), is an excerpt that provides for the need to submit the budget changes of the other Powers to a vote in the Assembly. “There is a flagrant risk that the new methodology will create obstacles in the administrative and financial routine of the state government, violating the constitutional margin of discretion of the Executive Branch”, she says.

The state government also wants to eliminate the need to transfer excess revenue to other powers and institutions.

The Government of Pernambuco also wants to remove a section that provides for another reserve of parliamentary amendments in addition to the one already provided for in the state Constitution. The action also wants the Supreme Court to analyze sections of the Budget Guidelines Law that impose deadlines for regulating pending laws.

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“The Executive Branch is not a technical-accounting-financial advisory body for the Legislative Branch. Nor can the power to supervise an attribute resulting from the system of checks and balances be transformed into hierarchical power of the Legislative Branch over the Executive, under penalty of this Power losing its constitutional expression and not achieving its mission”, claims the government.

The rapporteur at the Supreme Court is Minister André Mendonça. With the end of the STF recess this Thursday (1st), the expectation is that the action will begin to be processed.

In the division of the excess Budget, the Assembly (R$ 71 million), the Court of Auditors (R$ 51 million), the Public Defender’s Office (R$ 18.9 million), the Public Ministry (R$ $65 million) and the Court of Justice (R$177 million). In total, the state Treasury will have to allocate an additional R$384 million to the Powers, according to the government.

The government’s action generated negative repercussions in the Assembly. Not even the governor’s close allies, who are a minority in the House, went public to defend the government. According to behind-the-scenes information, the government leader, Izaías Régis (PSDB), told colleagues that he was unaware of the STF process.

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In reaction to the government, the president of the Assembly, Álvaro Porto (PSDB), called the presidents of the bodies that could be impacted in the Budget, repudiating the government’s action in the Supreme Court. On Tuesday (30), the House published a note criticizing the state Executive.

“Despite the State recording a total excess of revenue of around [R$] 6 billion in 2023, at the same time that violence rates are soaring and public hospitals are experiencing serious problems, it is surprising that the governor is making efforts to try to obstruct the allocation of resources through the courts,” he says.

The Assembly stated that the governor should “find solutions to the problems that afflict the people of Pernambuco in the areas of health, security, education and many others”. In a statement this Thursday (31) to the STF, the Assembly classified the government’s measure as an “inadmissible attack on the Legislative power” and defended the rejection of the Executive’s requests.

In a note to the report, through the Attorney General’s Office of the State of Pernambuco, the government says that maintaining the provisions questioned in the Budget law goes against the public interest.

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It also states that setting a deadline for the payment of amendments imposed on deputies until June is unconstitutional, since budget execution is annual. In the same vein, it criticizes “the imposition of a crime of responsibility on the head of the state Executive for alleged lack of provision of information regarding the budgetary impact on bills initiated by the Legislature itself”, adding that “this obligation violates the principle of separation and harmony of Powers”.

Raquel Lyra’s relationship with the Assembly has been strained since 2023, when the House approved two advisors for the TCE against the governor’s wishes, including a nephew of Álvaro Porto. Afterwards, Álvaro was re-elected to the presidency until 2026 in an early election.

As Folha de S.Paulo showed, those around the governor believe that the Tucano deputy wants to take over the Executive in the future, overthrowing Raquel and vice-governor Priscila Krause (Citizenship). Álvaro Porto denies the intention.

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In relation to the Budget, the crisis worsened when Raquel suffered a resounding defeat, with 30 votes against out of a total of 49, in October, in overturning the vetoes, exposing the fragile basis of the government in the House. Other proposals of interest to the Executive were approved by the House, but also with changes. Parliamentarians complain about the lack of dialogue in the projects.

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The Legislature returns from recess this Thursday (1st), and the promise is to criticize the Executive in the session.

“It is the governor’s right [ir ao STF] evaluate as unconstitutional, but I think there was a lack of dialogue. This makes the relationship even worse”, says deputy João Paulo (PT), from the opposition.

Deputy João Paulo Costa (PC do B) states that “the vote needs to be respected”. “I respect the governor, but I am sure that the Alepe presidency will adopt measures to ensure Parliament’s sovereign decision.”

Deputy Coronel Alberto Feitosa (PL) says that governing is “understanding that other Powers have governance and constitutional attributions”. “Raquel Lyra is completely repulsive to dialogue. The end of Raquel as it is will be an impeachment,” she stated.

The report sought out the government leader, Izaías Régis, but he did not respond.

The article is in Portuguese

Tags: Raquel Lyra STF Assembly creates crisis Powers

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