Supreme Federal Court (STF) Justice Flávio Dino ruled that funds from congressional appropriations may not be used to finance projects or actions associated with proven environmental crimes. The decision was based on a joint statement by Transparência Brasil, Transparency International – Brazil, and the Open Accounts Association. According to the justice, “public funding of environmental violations constitutes a violation of the principles of administrative morality and efficient public spending.”
The decision establishes that, when assessing technical impediments to the implementation of the amendments, the Executive Branch must consider the existence of an environmental violation—proven by a notice of violation issued by a competent agency or by a court decision—as grounds for blocking the release of funds or rejecting financial reports.
This point was raised by the organizations based on evidence identified in news reports such as the one published by Folha de S.Paulo in December 2025. The article exposed the purchase of machinery used for illegal deforestation with funds from parliamentary amendments.
“The body of evidence already presented shows that congressional amendments have been used by public officials to carry out projects that can be considered environmental crimes. The use of federal public funds for this purpose is absolutely incompatible with the Federal Constitution, which must guarantee all Brazilians the right to an ecologically balanced environment,” explains Juliana Sakai, executive director of TB.
Dino also addressed the rules governing the use of collective amendments in the payment of personnel expenses in the health sector. TB, TI, and the Open Accounts Association had already petitioned the Supreme Federal Court (STF) in July 2025 to declare unconstitutional the National Congress resolution that allows for the payment of healthcare salaries through parliamentary amendments. In their statement, the organizations assert that the measure directly contradicts the constitutional provision governing the approval and execution of parliamentary amendments.
The justice’s decision, however, upheld the congressional resolution and required compliance with transparency and traceability criteria, such as the use of specific bank accounts and the monthly publication, on the Transparency Portal, of a list by name of the professionals paid with these funds.
In the same case, Dino also ordered new measures to increase transparency and traceability in the use of parliamentary amendments. Among them is a ban on cash withdrawals of funds from these appropriations, whether from accounts held by public agencies or by companies contracted to perform construction projects and services. The Central Bank, in conjunction with the Financial Activities Control Council (COAF), is expected to issue regulations governing this measure.