Based on an audit by the Federal District Court of Auditors (TCDF), Minister Gilmar Mendes, of the Federal Supreme Court, granted an injunction favorable to the Federal District and to the disadvantage of the Federal Government regarding the discounted amounts of the district military for the cost of services health of the Military Police of the DF (PMDF) and of the Military Fire Brigade of the DF (CBMDF).
In the deliberation, the minister determined that the respective values should not be deducted from the contributions that the Union has a legal obligation to make to the DF Constitutional Fund (FCDF). According to the STF’s decision, these discounts must be used specifically and exclusively for the payment of expenses associated with medical-hospital, dental, psychological and social assistance of the military and their dependents.
At the end of the plenary session on Wednesday, April 14, 2021, the president of the TCDF, Counselor Paulo Tadeu, reported on the deliberation and praised the work of the employees of the Court of Accounts of the Federal District. “The measure reveals the excellence of the work carried out by the technical staff of this Court and the high qualification of the External Control auditors Daniel Gomes de Oliveira and Renata Barnabé Santiago Cáceres, who were at the forefront of this work,” he said.
As a result of Judgment 168/2007 – Plenary, of the Federal Court of Accounts (TCU), the resources paid by the military of the DF for the cost of health had started to compose the amount of the FCDF. This understanding of the TCU was deemed to be preliminarily unfounded, in large part, based on the audit carried out by the TCDF technical staff in the health care of the PMDF, through Process 14510/2018.
In supporting his decision, Minister Gilmar Mendes transcribed several excerpts from the audit report of the Federal Court of Auditors, including comparative tables prepared by TCDF auditors, and concluded that “the Union has appropriated revenues linked to a specific destination (financing health of the district military) to pay current expenses “.
Federal Law 10.486 / 2002 provides that the discounted values of the military of the DF are destined to the constitution of a Health Fund regulated by the Commander-General of each Corporation. The values are not to be confused, therefore, with the resources owed by the Union to the FCDF, which have different financial sources and normative provisions.
Source: Polyana Resende – Head of the Communication Department of the Federal District Court of Auditors