Majority of STF confirms implementation of basic income in 2022

The STF (Supreme Federal Court) formed a majority to uphold the decision in which, in April, it had determined that the federal government implement, from 2022, a basic income program for Brazilians in poverty and extreme poverty, with per capita income less than R$178 and R$89, respectively.

Five ministers so far followed the vote of the rapporteur, minister Gilmar Mendes, who rejected the government’s arguments: Ricardo Lewandowski, Carmen Lúcia, Edson Fachin, Alexandre de Moraes, Dias Toffoli. The trial ends this Monday.

“I verify that the parties’ allegations are impertinent and result from mere non-conformity with the decision adopted by this Court, since the parties did not bring sufficient arguments to invalidate it, aiming only at re-discussing the matter, already decided in accordance with the jurisprudence of this Court,” declared Mendes, in his vote.

The Federal Attorney General (AGU) claimed that it would not be possible to comply with the determination due to fiscal and electoral problems, which prohibits the creation and expansion of social benefits by the public administration in an election year. The ministers analyze two resources. “In view of the foregoing, I reject the two motions for clarification, emphasizing that, if opposed, by any of the parties, new motions for clarification, these will be considered as delaying, with future conviction in litigation in bad faith”, concluded the Minister of STF.

The STF had already determined that the federal government set an amount and start paying the basic citizenship income from 2022. The decision was in response to a request from the Public Defender of the Union demanding the regulation of a 2005 law that provided for the payment of the benefit. The agency stated that, more than 17 years after the enactment of the law that created the Basic Citizenship Income Program, the Executive Branch had not yet regulated the benefit.

old question

Sanctioned in 2005 by then-President Luiz Inácio Lula da Silva, the law provides that all Brazilians in the country and foreigners who have lived in Brazil for at least five years will receive an annual monetary benefit.

The law says that it will be up to the Executive to stipulate the amount of the benefit and provides for the payment of monthly installments, of the same amount, for all citizens, in order to meet “the minimum expenses of each person with food, education and health, considering this the degree of development of the country and the budgetary possibilities”.

That regulation, however, was never published — and, therefore, is not in effect. Given the lack of rules, the Federal Public Defender’s Office called the STF and pointed out the Executive’s omission on behalf of a homeless person. The majority vote in the judgment extends the right to the income bracket considered “extreme poverty” in the country.