O orçamento a serviço da dívida pública brasileira: da proteção legal aos impactos financeiro-orçamentários

Abstract

In its strict form, public debt must be understood according to the legal dictates extracted from the Federal Constitution and legislation of various orders, especially those of a federal nature. What the present work proposes, in turn, is a broad observation, which considers from the historical outline of the Brazilian debt phenomenon, to the way in which this is shown in the budget. Through the use of a deductive methodology and bibliographical sources that guarantee the necessary interdisciplinarity, the aim is to go beyond a legal reading that is limited to the identification of financial norms, in order to make possible the inquiry around the constitutional and legal shielding around the public debt, and how it impacts on the financial activity of the State. The result obtained is the clear misrepresentation of the expected functions of public expenditure, which is visualized insofar as debt service enjoys predominance in the face of other expenses, including being a decisive element in the misrepresentation of what is expected from the financial Constitution, disconnected from the constitutional objectives once stipulated by the total Constitution.