STJ authorizes process of purchase of armored vehicles by the Army

The President of the Superior Court of Justice (STJ), Minister Maria Thereza de Assis Moura, suspended this Wednesday (14) a decision by the Federal Regional Court of the 1st Region that prevented the continuity of the process of purchase of Italian armored vehicles by the Brazilian Army .

The formalization of the international contract was scheduled for the last 5th and the Union has until this Thursday (15th) to pledge the amount to be paid in 2023 – R$ 1 million.

According to the minister, as argued by the Union in the request, the acquisition of armored vehicles is part of a long-term public policy, supported by extensive technical discussion, which began ten years ago.

“The project in question – ‘Projeto Forças Armoradas’ – started in 2012, therefore more than ten years ago, and it is not something that was drawn up in a hasty or sudden way. The expense was duly included in the 2020-2023 Multi-Year Plan, approved by the National Congress in December 2019, and included as a ‘Priority Multi-Year Investment'”, explained the minister.

In addition, according to the minister, the purchase will be made over a period of 17 years, extending until 2040, and the allegation of large expenses at a time of budget restriction is inappropriate – the justification used to suspend the purchase.

“Contrary to what was stated in the contested decision, there is no provision for instantaneous disbursement of the amount of BRL 5 billion. There is, yes, the need to pay BRL 1 million (a figure significantly lower than that indicated) by 12/15/2022, as a means of confirming the contract and within the commitment period of the 2023 budget appropriation”, he explained.

For the minister, there is no association between cuts for health and education in the budget and investment for the renewal of the Army’s fleet of armored vehicles.

“Expenditure committed to the ‘national defense’ category cannot, by law, be shifted to any other purpose, no matter how relevant it may be, thus not lending itself to affecting health or education expenditures,” he said.

The minister also recalled that the Multi-Year Plan approved by the National Congress linked to national defense, as a priority investment, the expense in question, being a basic rule of Financial Law the impossibility of executing the budget in a way that is dissociated from the Multi-Year Plan or the Budget Law.

“That is to say: it is not up to the Executive Branch to change the commitment of expenses to allocate the expense to purposes other than those contained in the Law. In this way, expenses committed to the ‘national defense’ category cannot, by law, be shifted to any different purpose, however relevant it may be, thus not affecting health or education expenses”, he stated. .

After a popular action, the TRF1 granted an injunction to suspend the purchase, on the grounds that the deal would reach values ​​in excess of R$ 5 billion at a time marked by cuts in expenses in the federal Executive Branch.

In the request presented to the STJ, the Union argued that the suspension of the procedure causes serious damage to public order and security, in view of the strategic needs of the Army.