A constitucionalidade das emendas parlamentares: limites, retrocessos e decisões do STF

Abstract

This paper analyzes the normative and jurisprudential evolution of parliamentary amendments in the Brazilian federal budget, with special focus on the phenomenon known as the "secret budget", which emerged in 2020 through the widespread use of the general rapporteur amendments (RP-9). The study begins by reconstructing the historical and legislative processes that led to the increased influence of the Legislative Branch in budget execution, particularly through Constitutional Amendments No. 86/2015, 100/2019, and 105/2019. It then examines the typology and execution criteria of different amendment types. The core of the analysis focuses on the decisions of the Federal Supreme Court (STF) in cases ADPF 850, 851, and 854, which sought to reaffirm the constitutional principles of legality, impersonality, morality, publicity, and transparency in budgetary execution. The research employs a qualitative methodology, combining doctrinal review, normative analysis, jurisprudential study, and examination of public data on budget execution. The study concludes that, despite judicial efforts, opaque practices persist through collective amendments and mechanisms lacking traceability, highlighting the urgent need to enhance institutional and social oversight tools over public budgeting.