The state of São Paulo tops the ranking of “black box amendments” targeted by the Federal Police (PF) on the orders of the Federal Supreme Court (STF) Minister Flavio Dino.
The decision is based on a technical report from the Federal Audit Court (TCU) that points out irregularities in the work plans of 39 Pix amendments sent by São Paulo city councilors to São Paulo municipalities between 2020 and 2024.
This is the highest number of questionable amendments among all Brazilian states. The data will be sent to PF and the information will be analyzed, but an investigation into the matter has not yet begun.
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The main problem encountered is the absence of a work plan in the federal platform used to manage federal to state and local transfers.
This means that costs are incurred before any accountability is added to the platform used to control the destination of amendments.
TCU points out that out of a total of 148 amendments distributed throughout the country, a total of R85 million was released without a work plan being registered.
“In such cases, there may be a risk of loss of traceability, transparency and, in some cases, regularity in the allocation and execution of resources,” TCU said.
The obligation to publish details about the destination of Pix correction resources, which will be transferred directly to City Hall accounts, was decided by Minister Flavio Dino in December 2024 and reiterated in February this year. Still, as of July, 17 city halls did not meet the requirements.
Two municipalities in São Paulo stand out for the number of amendments sent. The city of Mongagua, on the south coast of São Paulo, received 5.4 million reais in seven transfers sent by six members, while Aparecida, in the interior, received five transfers from five different representatives, totaling 1 million reais.
The transfer funds, which show signs of inconsistency in the work plans sent to the cities of São Paulo, amount to a total of 14.7 million reais.
Mongagua includes data after the TCU survey.
Mongagua City is the municipality that received the most resources after the TCU reported to the PF without any information on the work plan included.
There was only one amendment proposed by Federal Representative Fausto Pinato (PP-SP), which would have sent 2 million reais to the city on the southern coast of São Paulo in 2023. After TCU’s investigation, City Hall added data on the proposed amendments, claiming it would be used to pave suburban neighborhoods and cycle paths on one of the city’s main thoroughfares.
Another amendment worth R$1 million came from Congressman David Soares (Unian SP) in 2023 and concerned the renovation and paving of Avenida Getulio Vargas, which connects the Mario Covas motorway to the waterfront. A year ago, former deputy Joyce Hasselman sent R900,000 for the same purpose.
Two amendments were included regarding “strengthening the seaside area for tourists.” In 2021, Deputy Vinicius Carvalho (Republican Party) transferred 250,000 reais to the city. The following year, David Soares sent 800,000 reais, which City Hall said will also be used to renovate the waterfront.
According to city officials, amendments will also be submitted for sports-related works. Congressman Marcos Pereira (R-SP) sent 400,000 reais for the construction of the promenade in 2023, and Agricultural Development Minister Paulo Teixeira (PT-SP) sent 90,000 reais for the construction of changing rooms in the Vila Operalia fields in 2022, when PT members were still members of the House of Representatives.
“We have already taken the necessary steps in connection with the initiation of the administrative process in order to verify what these amendments are and how the whole process took place,” Mongagua City Hall said in a memo. “It is worth emphasizing that our administration was started only 100 days ago and is under an administrative disaster order due to past administrative issues,” it said in a memo.
Mr. Aparecida won an election year with a “black box fix”
Of the five amendments examined in Aparecida, four were sent in 2022, an election year, and to this day the work plan of the government platform does not contain complete information.
One of the amendments was 200,000 reais sent by Rep. Alencar Santana (PT-SP). The system indicates that the resources will be used for two new vehicles for the Ministry of Social Assistance and the Ministry of Women’s Affairs.
However, the data was not entered in the usual way. The general purpose of the amendment is not included and the information regarding vehicles is ambiguous, so a space has been added to detail the purpose of the amendment.
In 2022, a revised proposal worth 300,000 reais will also be submitted by Carla Zambelli (PL-SP), a former deputy undersecretary arrested in Italy. A donation of R$150,000 from the Counselor of the São Paulo Comptroller’s Office (TCE-SP) and former deputy Marco Bertaioli (PSD-SP). 100,000 reais from Nilto Tatto (PT-SP). There is no information regarding the work plan for these transfers.
TCU also forwarded to the PF data on the 2021 amendments to Aparecida by Deputy Carlos Zarattini (PT-SP). PT members remitted 250,000 reais. City Hall announced that the resources would be used for “the construction of another Cras”, but no details were given as to where the new social assistance center would be located.
Aparecida City Hall said in a statement that a new management structure took over in January this year and “has taken cognizance of the situation highlighted by the Federal Audit Court (TCU), which is currently the subject of an investigation by the Federal Police in connection with the 2021-2022 parliamentary amendments.”
Management said that it had provided all available explanations and information regarding this matter to the competent authorities as soon as requested.
“Of the five amendments mentioned, one is not used and remains entirely in the City Hall’s accounts. The current administration has taken all necessary steps to ensure that these resources are applied correctly, with full transparency and accountability,” Aparecida City Hall said.
Other amendments were implemented by the previous government to ensure accountability, the local administration said.