Constitutional Amendment of the Public Expenditure Cap information
Constitutional Amendment that instituted the New Fiscal Regime in Brazil.
This article may require copy editing for grammar, style, cohesion, tone, or spelling. You can assist by editing it.(August 2023) (Learn how and when to remove this message)
Constitutional Amendment no. 95
National Congress of Brazil
Citation
PEC 241/2016
Territorial extent
Whole of Brazil
Passed by
Chamber of Deputies
Passed
25 October 2016
Passed by
Federal Senate
Passed
13 December 2016
Signed by
Senate President Renan Calheiros Chamber President Rodrigo Maia
Signed
15 December 2016
Effective
15 December 2016
Legislative history
First chamber: Chamber of Deputies
Bill title
Constitutional Amendment Bill no. 241 of 2016
Bill citation
PEC 241/2016
Introduced by
Executive Branch
Introduced
15 June 2016
First reading
15 June 2016
Second reading
6 October 2016
Voting summary
23 voted for
7 voted against
Third reading
25 October 2016
Voting summary
359 voted for
116 voted against
2 abstained
35 absent
1 present not voting
Second chamber: Federal Senate
Bill title
Constitutional Amendment Bill no. 55 of 2016
Bill citation
PEC 55/2016
Received from the Chamber of Deputies
26 October 2016
First reading
26 October 2016
Second reading
9 November 2016
Voting summary
61 voted for
14 voted against
5 absent
1 present not voting
Third reading
13 December 2016
Voting summary
53 voted for
16 voted against
11 absent
1 present not voting
Status: In force
Constitutional Amendment (Emenda Constitucional - EC) No. 95, also known as the Constitutional Amendment of the Public Expenditure Cap, changed the Brazilian Constitution of 1988 to institute the New Fiscal Regime or New Fiscal Framework[1] with failures.[2][3][4] It imposed a limit on the growth of the Brazilian government's expenses for 20 years, extending to all three branches of the government, in addition to the Public Prosecutor's Office and the Public Defender's Office. During the legislative process, the Constitutional Amendment Bill (Proposta de Emenda à Constituição - PEC) received several names: "PEC of Expenditure Cap", "PEC 241" in the Chamber of Deputies and "PEC 55" in the Federal Senate. Its opponents coined the epithet "PEC of Death".[5]
Public spending and investments were limited to the same amounts spent in the previous year, adjusted for inflation[6][7] measured by the national Consumer Price Index (Índice Nacional de Preços ao Consumidor Amplo - IPCA). This was a proposed amendment to the Transitional Constitutional Provisions Act (Ato das Disposições Constitucionais Transitórias - ADCT), with validity set for the next 20 years, and from the tenth year on the President of the Republic may change this correction of public spending through a Supplementary Law. In the year 2017, there were no changes for the areas of Health and Education.[8] Both areas had a mandatory minimum spending limit corresponding to a percentage of the Union's Net Current Revenue (Receita Corrente Líquida - RCL) determined by the Federal Constitution. From 2018, the floors began to be adjusted by the value of the previous year adjusted by the IPCA between July of the previous year and June of the current year.[9][10][11] Critics of the measure claimed that the constitutional floors would fall over time if the revenue starts to grow more than inflation in the coming years.[12]
^"Instituto de Economia - Unicamp - Quatro tetos e um funeral: o novo arcabouço/regra fiscal e o projeto social-liberal do ministro Haddad". www.eco.unicamp.br. Retrieved 2023-06-13.
^Fiscal Rules at a Glance - Background Paper P.15.
^
"Novo Regime Fiscal". Ministério da Fazenda (in Portuguese). Archived from the original on October 10, 2016. Retrieved April 13, 2023.
^
"Teto dos gastos públicos cria condições para o Brasil crescer". Ministério da Fazenda (in Portuguese). June 15, 2016. Archived from the original on November 15, 2017. Retrieved November 15, 2017.
^
Fabiana, Reinholz (October 3, 2018). "Emenda 95, o enfraquecimento do pacto social". Brasil de Fato (in Portuguese). Retrieved March 17, 2020.
^
"O que é o teto de gastos, que o governo planeja furar?". Uol Economia (in Portuguese). October 24, 2021. Retrieved October 24, 2021.
^
Boris, Herrmann (November 11, 2016). "Schüler an die Macht". Süddeutsche Zeitung (in German). Retrieved April 13, 2023.
^
"Teto de gastos: O gradual ajuste para o crescimento do país". Ministério da Fazenda (in Portuguese). December 2018. Archived from the original on December 30, 2019. Retrieved June 16, 2020.
^
"PEC 241: tire dúvidas sobre a proposta que limita gastos públicos". G1 (in Portuguese). October 11, 2016. Retrieved November 2, 2016.
^
Fernanda, Calgaro (October 4, 2016). "Relatório da PEC dos gastos eleva piso para a saúde em 2017". G1 (in Portuguese). Retrieved April 13, 2023.
^
"Promulgada Emenda Constitucional do Teto de Gastos Públicos". Senado Federal (in Portuguese). December 15, 2016. Retrieved January 13, 2022.
^
"PEC do teto protege gastos com saúde e educação, diz Tesouro". Exame (in Portuguese). October 27, 2016. Retrieved April 13, 2023.
and 23 Related for: Constitutional Amendment of the Public Expenditure Cap information
ConstitutionalAmendment (Emenda Constitucional - EC) No. 95, also known as theConstitutionalAmendmentofthePublicExpenditureCap, changed the Brazilian...
impeachment of Dilma Rousseff. During the Michel Temer administration, Mello voted in favor oftheConstitutionalAmendmentofthePublicExpenditureCap. In...
Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were...
balanced budget amendment is a constitutional rule requiring that a state cannot spend more than its income. It requires a balance between the projected receipts...
against the approval oftheConstitutionalAmendmentofthePublicExpenditureCap. Weverton was, during this time period, the minority leader in the chamber...
pursuant to theconstitutionalamendments in 1991. In the early 1980s, the People's Action Party (PAP), who at the time occupied all the parliamentary...
without constitutional protection. Cohen v. California, 403 U.S. 15 (1971) The First Amendment prohibits the states from making thepublic display of a single...
Reprint). ConstitutionalAmendments to Safeguard Financial Assets and the Integrity ofthePublic Services [Cmd. 10 of 1988], Singapore: Printed for the Government...
adopted initiative constitutionalamendment which revolutionized local and regional government finance and taxation in California. Named the "Right to Vote...
numbers (the word "chapter" is usually abbreviated "Cap."). Revised editions (abbreviated "Rev. Ed.") of statutes that consolidate all amendments to statutes...
about theconstitutionalityofthe National Popular Vote Interstate Compact in the United States. At issue are interpretations ofthe Compact Clause of Article...
named the People's Initiative to Limit Property Taxation) is an amendmentofthe Constitution of California enacted during 1978, by means ofthe initiative...
The Barnett formula is a mechanism used by the Treasury in the United Kingdom to automatically adjust the amounts ofpublicexpenditure allocated to Northern...
known as "reimbursable expenditure" (see #Structure). Under Regulation 2004/2003, European public funding could not exceed 75% of a European party's reimbursable...
without the need ofconstitutionalamendments. In fact, the treaty was later modified by a new agreement between church and state in 1984. The Principles...
military expenditures at $66.8 billion (2023), the Bundeswehr is the seventh highest-funded military in the world, though military expenditures have until...
The 2007 Texas constitutionalamendment election took place 6 November 2007. Sixteen proposed amendments (propositions) appeared on the ballot — all of...
Parliament. Amendments to certain defined clauses require the support of two thirds of all the members of each House. Barbados Independence Act 1966 (Cap. 37)...
response to the provisions ruled unconstitutional by Buckley v. Valeo, including the structure ofthe FEC and the limits on campaign expenditures, and again...
with the 1928 amendmentofthe Constitution of 1924, which removed the provision declaring that the "Religion ofthe State is Islam", and with the later...
the federal government and the provincial governments to exercise exclusively and any changes to that arrangement require a constitutionalamendment,...
Global Information
