On Monday (29), opposition parties recurred to the Federal Supreme Court (STF), to call for the unconstitutionality of the Provisional Measure 452/08, which guarantees resources for the Brazilian Sovereign Fund (FSB). The fund has been created this month to finance Brazilian strategic undertaking projects abroad, and to soften the effects of the global financial crisis.

However, the Congress had rejected the destination of supplementary credit of around R$14 billion to the fund. The MP, edited last week, allows the Union to issue government securities to channel resources to the sovereign fund. PSDB,DEM and PPS argue, though, in the Direct Lawsuit on Unconstitutionality, (ADI), registered at STF, that the government is trying to encompass an express determination of the Supreme Court prohibiting the use of MPs for the opening of extraordinary loan facilities.

Critics
Moreover, the vice-leader of DEM, José Carlos Aleluia (BA), reinforces that the MP disrespects a decision that had already been taken by the congress. “That is an aggression to democracy, since the government made a proposal to place resources in the fund, which was rejected by the House. If something rejected by Congress must not be even the object of another bill, how come the government wants it to be the theme of a MP?” he asks.

According to him, the MP is “that is one more piece of evidence that President da Silva and PT disrespect democracy, the Parliament and the Brazilian people”. Aleluia said he is absolutely sure that STF will consider the measure as unconstitutional.

He argues that, if there are resources on hand, the government should make domestic investments on infrastructure, education, housing and sanitation. According to the deputy, that is not the moment to prioritize the sovereign fund.

Defense
The President of PT, Deputy Ricardo Berzoini (SP), though, guarantees that MP 452/08 fulfills all constitutional criteria. He believes that it will be approved by the Congress. “It is possible to go to court to challenge it, but, evidently, the government has made all legal assessments to edit a consistent measure, which does not suffer any kind of rejection from the Supreme Court”, he argued.

He said that the MP will certainly be approved “because Congress, in its majority, is responsible for the growth of income, of production and of employment”.