AGU defends 15% increase in Bolsa Família at STF

The Advocacy General of the Union (AGU) filed on Friday (18) a request to the Supremo Tribunal Federal (STF) for the Court to recognize the constitutionality of the decree that readjusted the values of Bolsa Família by 15.04%. The benefit, which had been at R$ 600 since the beginning of Luiz Inácio Lula da Silva’s third term in office, is now R$ 691 from October, with payments starting on the 19th, between the first and second round of elections.

The move comes in a context of criticism of the government, as the measure was adopted a few days before the first round. The candidate for the Presidency of the Republic Renan Santos (Mission) appealed to the Superior Electoral Court (TSE) requesting the suspension of the increase, on the grounds that the purpose would be electoral. AGU, however, maintains that the updating of the values is a legal obligation arising from decisions of STF itself.

Order meets determination of STF

The government’s request to the Supreme Court was made in an action in which the court determined that, from 2022, the payment of the basic income citizenship program for Brazilians in situations of extreme poverty and poverty should be implemented. In June 2024, the rapporteur of the case, Minister Gilmar Mendes, recognized that the Bolsa Família Program is a step in the progressive implementation of the basic income of citizenship, subjecting its values to the regime of periodic updating.

A day before the issue of the decree of Bolsa Família, the Public Defender's Office appealed to the Supreme Court asking the Executive to speak out on the pending updating of the values. This context reinforces, according to the AGU, that the readjustment is not an electoral manoeuvre, but rather the fulfillment of a constitutional and legal obligation.

Estimated tax impact in billions

According to the Ministry of Planning, the increase in the Bolsa Família will cost, in 2026, R$ 5.8 billion. In 2027, the impact of the readjustment on public accounts will be almost R$ 23 billion. These values consider the maintenance of the readjusted benefit for all current and future beneficiaries, without changes in the eligibility rules.

The government argues that the update is necessary to replenish the inflation accumulated since the last readjustment, guaranteeing the purchasing power of beneficiary families. The source did not detail the exact methodology of the calculation, but stressed that the replacement of inflation does not violate electoral law, as it is a pre-existing legal obligation.

Election reactions and controversies

The approach of the elections has intensified the political debate. Candidate Renan Santos called the readjustment a "voter" and called for suspension of TSE. The AGU, in turn, argues that the measure is constitutional and does not configure new benefit, only monetary update of existing program.

Experts heard by the report (the source did not detail names) point out that the discussion involves the interpretation of the Elections Law, which prohibits the free distribution of goods, values or benefits by the public administration in the electoral year, except in cases of public calamity, state of emergency or social programs already authorized by law and in budget execution in the previous year.

Next steps in the judiciary

The STF has not yet set a date to judge the AGU’s application. The rapporteur of the action, Minister Gilmar Mendes, can decide monocratically or take the case to the plenary. The TSE will also review the order for Renan Santos, which can generate parallel decisions on the same topic.

In the meantime, payments on the readjusted Bolsa Família begin on October 19, according to the official calendar. The expectation is that millions of families will receive the corrected amount already in the next cycle, regardless of the ongoing legal disputes.

The Boca no Trombone Portal will continue to track the developments in the STF and TSE, bringing updates on the impact of the readjustment for beneficiaries and public accounts.

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