The request was made by the National College of State Attorneys General (Conpeg), which followed guidance from the Governors Forum. The lawsuit does not sign the representatives of Alagoas, Sergipe and Roraima states. The prosecutors maintain in the petition that the contingency being made with most of the resources of the National Public Security Fund is unconstitutional. The State showed last week that the fund faced barriers and should have less than expected onlending.
The fund was modified by law in December 2018 and now has part of the collection of Caixa Econômica lotteries. The budget forecast was R$ 1.7 billion (US$ 418m), of which 50% had to be passed on to the states. What the governors complain is that the ministry has contingent R$ 1.1 billion (US$ 270m), which, according to them, could not be done. "The law is literal. This can’t happen," said the attorney general of Maranhão, Rodrigo Maia, president of Conpeg.
In the action, prosecutors point out that Brazil is experiencing a "persistent epidemic of violence that calls for urgent action". To counteract this reality, the 2018 law "dramatically increased resources." The lack of transfer, states contend, was not due to revenue frustration, "as lotteries have won."
"In this sense, the Union cannot, in its relationship with the other federative entities, paraphrasing Minister Marco Aurélio Mello, 'give with one hand and take with the other', completely surprising and frustrating the legitimate expectation of states in such a sensitive subject about public safety."
For Maia, the resources would be a relief in the face of the severe fiscal crisis in many states. "It is a money that is really missing, because there is a great demand in the area," he said. The money can be applied to a myriad of actions, from gun purchase, vest and vehicle to structuring homicide programs or prevention initiatives.
The report questioned the Ministry of Justice about the contingency and relationship to the legal provision prohibiting such a measure, but there was no answer to that question. The ministry reported that a transfer of R$ 247.8 million (US$ 61m) from the fund to the states is underway; Of this total, R$ 129 million (US$ 31,7m) has already been committed to 11 federation units and paid R$ 30 million (US$ 7.4m) to Ceará, Paraná and Sergipe.
"The expectation is to send to the States and the Federal District all the existing resource for fund transfers in the year 2019. After the transfer, the states have up to 24 months to use the resources, according to the approved action plan and adhesion term," stated the folder. The budget forecast for 2020 is R$ 1.2 billion (US$ 295m), the ministry added.
Source: Estadão - Marco Antônio Carvalho
