Entidades sociais pedem suspensão de propostas ligadas à reforma da Previdência

Entidades sociais pedem suspensão de propostas ligadas à reforma da Previdência

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Um grupo de 19 entidades sociais que integram as Frentes Parlamentares Mistas em Defesa da Previdência Social e dos Direitos do Trabalhador ajuizou no Supremo Tribunal Federal a Arguição de Descumprimento de Preceito Fundamental (ADPF) 415, que questiona iniciativas governamentais e parlamentares relacionadas ao financiamento do sistema de Previdência Social. O relator é o ministro Celso de Mello.

A ADPF 415 objetiva, segundo seus autores, “o reconhecimento do estado de coisas inconstitucional que se instalou no sistema de Seguridade Social brasileiro”, em decorrência de “atos comissivos e omissivos dos poderes públicos da União” ao requerer, permitir e aprovar políticas de Desvinculações de Receitas da União (DRU) incidentes sobre as contribuições sociais que custeiam o sistema de seguridade social. Tais medidas violariam preceitos fundamentais previstos na Constituição da República, como o estado do bem-estar social (preâmbulo e artigo 193), Estado Democrático de Direito (artigo 1º), direitos sociais (artigos 6º ao 9º), custeio e financiamento da seguridade social (artigos 165 e 195) e direitos à saúde, à previdência social e à assistência social.

As frentes parlamentares alegam que as reformas previdenciárias “apenas vêm reduzindo direitos e mitigando o estado do bem-estar social, sempre no argumento de um suposto déficit nas contas da Previdência Social”. Afirmam que a PEC 143/2015 do Senado Federal, ao permitir a desvinculação de 30% das receitas da União oriundas de contribuições sociais para o pagamento da dívida pública, desvirtua a destinação específica dessas contribuições, “colocando em risco de aniquilação o sistema de seguridade social”.

Segundo os autores da ADPF, o déficit da Previdência Social utilizado para justificar reformas é um “mito” e se baseia em premissas equivocadas, que levam em conta apenas as contribuições sociais incidentes sobre a folha de pagamento, ignorando que o sistema da seguridade social é financiado também por outras fontes de receita, como a Contribuição para o Financiamento da Seguridade Social (Cofins) e a Contribuição Social Sobre o Lucro (CSLL). “Estamos diante de enormes omissões executivas e medidas legislativas que, por força da desvinculação de que trata a PEC 143/2015, acarretam um contrassenso entre o desejo do constituinte originário e a realidade fática e vontade dos gestores públicos”, afirmam.

A liminar pedida pretende que o STF suspenda, até o julgamento do mérito da ação, a DRU sobre todas as contribuições sociais destinadas ao financiamento da seguridade social e as propostas de reforma previdenciária. Pede-se ainda que a Presidência da República se abstenha de promover reformas por medida provisória, e que os presidentes da Câmara e do Senado Federal suspendam toda e qualquer atividade legislativa que envolva questões atinentes à seguridade social, além da suspensão da tramitação da PEC. As entidades pedem também que se determine a criação de comissões de peritos para examinar a dívida pública e auditar as contas da seguridade social.

No mérito, o pedido da ADPF é que o STF declare que as contribuições sociais são tributos com destinação específica e que não comportam desvinculações e desvios, e que determine ao Congresso Nacional a criação de comissão para discutir a reforma previdenciária “mediante amplo e irrestrito debate nacional com especialistas”.

O presidente do STF, ministro Ricardo Lewandowski, em plantão no mês de julho, entendeu que, diante da complexidade e importância da causa, é recomendável que a medida cautelar requerida seja analisada em período de normalidade, pelo relator. Segundo Lewandowski, o caso não se enquadra no caráter de urgência que permitiria seu exame pelo presidente no período de férias dos ministros (artigo 13, inciso VIII, do Regimento Interno do STF).

CF/FB

Fonte: Contabilidadenatv
Data: 21 de julho de 2016
Acesso: 22 de julho de 2016

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