Transferência Especial e Com Finalidade Definida

123
1422

CF:

Art. 166-A. As emendas individuais impositivas apresentadas ao projeto de lei orçamentária anual poderão alocar recursos a Estados, ao Distrito Federal e a Municípios por meio de:        

I – transferência especial; ou  

II – transferência com finalidade definida. 

I – despesas com pessoal e encargos sociais relativas a ativos e inativos, e com pensionistas; e        (Incluído pela Emenda Constitucional nº 105, de 2019)

II – encargos referentes ao serviço da dívida.        (Incluído pela Emenda Constitucional nº 105, de 2019)

§ 1º Os recursos transferidos na forma do caput deste artigo não integrarão a receita do Estado, do Distrito Federal e dos Municípios para fins de repartição e para o cálculo dos limites da despesa com pessoal ativo e inativo, nos termos do § 16 do art. 166, e de endividamento do ente federado, vedada, em qualquer caso, a aplicação dos recursos a que se refere o caput deste artigo no pagamento de:        (Incluído pela Emenda Constitucional nº 105, de 2019)

§ 2º Na transferência especial a que se refere o inciso I do caput deste artigo, os recursos:        (Incluído pela Emenda Constitucional nº 105, de 2019)

I – serão repassados diretamente ao ente federado beneficiado, independentemente de celebração de convênio ou de instrumento congênere;        (Incluído pela Emenda Constitucional nº 105, de 2019)

II – pertencerão ao ente federado no ato da efetiva transferência financeira; e        (Incluído pela Emenda Constitucional nº 105, de 2019)

III – serão aplicadas em programações finalísticas das áreas de competência do Poder Executivo do ente federado beneficiado, observado o disposto no § 5º deste artigo.        (Incluído pela Emenda Constitucional nº 105, de 2019)

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§ 3º O ente federado beneficiado da transferência especial a que se refere o inciso I do caput deste artigo poderá firmar contratos de cooperação técnica para fins de subsidiar o acompanhamento da execução orçamentária na aplicação dos recursos.        (Incluído pela Emenda Constitucional nº 105, de 2019)

§ 4º Na transferência com finalidade definida a que se refere o inciso II do caput deste artigo, os recursos serão:        (Incluído pela Emenda Constitucional nº 105, de 2019)

I – vinculados à programação estabelecida na emenda parlamentar; e        (Incluído pela Emenda Constitucional nº 105, de 2019)

II – aplicados nas áreas de competência constitucional da União.        (Incluído pela Emenda Constitucional nº 105, de 2019)

§ 5º Pelo menos 70% (setenta por cento) das transferências especiais de que trata o inciso I do caput deste artigo deverão ser aplicadas em despesas de capital, observada a restrição a que se refere o inciso II do § 1º deste artigo. 

CEBRASPE (2023):

QUESTÃO CERTA: Os recursos transferidos aos estados oriundos de emendas individuais impositivas não integrarão a receita do estado para fins de cálculo de limites da despesa com pessoal ativo e inativo.

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