Lula sanctions fiscal incentives cut but vetoes R$2B 'secret budget' clause

President Luiz Inácio Lula da Silva sanctioned on December 26, 2025, the law—previously approved by Congress on December 17—cutting 10% of federal fiscal incentives and raising taxes on betting houses, fintechs, and interest on own capital (JCP), projecting R$20 billion in 2026 revenue. However, he vetoed a congressional 'jabuti' clause revalidating nearly R$2 billion in parliamentary amendments from 2019-2023, citing unconstitutionality per STF rulings.

Following swift approval by the Chamber and Senate on December 17 (as reported in prior coverage), President Lula enacted the core measures to bolster the 2026 fiscal framework. The law trims presumed tax benefits across PIS/Pasep, Cofins, IRPJ, CSLL, and others by 10% for larger firms, while hiking rates on fixed-odds bets (to 15% by 2028), JCP withholding (to 17.5%), and CSLL for fintechs (to 20% from 2028).

Key action was vetoing the unrelated clause allowing payment of outstanding 'relator amendments'—dubbed the 'secret budget'—canceled post-STF's 2022 unconstitutionality ruling. Valued at ~R$2 billion (part of R$2.97 billion canceled in 2024), it would have extended deadlines to 2026. STF Justice Flávio Dino's recent decision (Mandamus 40.684/DF) deemed revalidation illegal, lacking budgetary basis.

Lula also nixed stricter rules for subsidized loans, arguing harm to social policies. Congress may override the veto. This caps a contentious process balancing fiscal adjustment with sectoral pushback.

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President Lula signs the 2026 budget at his desk, vetoing R$400 million in amendments amid political tension.
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Lula sanctions 2026 budget with veto of R$ 400 million in amendments

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President Luiz Inácio Lula da Silva sanctioned the 2026 budget on Wednesday (14/1), vetoing about R$ 400 million in parliamentary amendments for breaching transparency rules. The decision, published in the Official Gazette, could spark tensions between the executive and legislative branches in an election year, with another R$ 11 billion to be reallocated or blocked. The budget totals R$ 6.54 trillion, including fiscal targets and boosts for social areas.

The Senate approved on Wednesday, December 17, 2025, a bill that cuts federal fiscal benefits by 10% and raises taxes on online bets, fintechs, and interest on own capital. The measure unlocks about R$ 22.45 billion for the 2026 Budget, avoiding cuts in spending and parliamentary amendments. The text heads to presidential sanction after a 62-6 vote.

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Following the Senate's approval on December 17, Brazil's Congress passed PLP 128/2025 on December 26, raising taxes on fintechs—part of a broader fiscal package cutting benefits and hiking other levies to unlock R$22.45 billion for the 2026 budget. The fintech measure aims to align fiscal treatment with traditional banks for competitive neutrality, but fuels debate on stifling innovation and financial inclusion. Proponents see fair compensation; critics fear consumer harm.

The Senate's Finance Committee started reviewing the public sector readjustment bill, presented by Finance Minister Nicolás Grau. Deputies approved a 3.4% gradual salary increase but rejected the 'tie-breaker norm' aimed at greater job stability. Opposition anticipates rejecting that provision again in the Senate.

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The Brazilian Senate unanimously approved the Anti-Faction Bill on Wednesday, December 10, with 64 votes in favor and none against. The bill, reported by Alessandro Vieira (MDB-SE), toughens penalties for organized crime and establishes a tax on online bets to fund efforts against factions. The proposal returns to the Chamber of Deputies for review of the changes.

After sending a letter to President Lula urging a veto on a bill prohibiting automatic discounts on INSS benefits, labor unions are preparing a Direct Action of Unconstitutionality at the Supreme Federal Court against the law he sanctioned. The effort will involve CUT, Força Sindical, and other groups, with filing planned for February. They claim the measure is unconstitutional for separating retirees from other workers.

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In the early hours of December 10, 2025, Brazil's Chamber of Deputies approved the Dosimetry Bill by 291 to 148 votes, reducing sentences for those convicted in the January 8, 2023 coup plot, benefiting former President Jair Bolsonaro. The session was chaotic, including the six-month suspension of Deputy Glauber Braga's mandate instead of expulsion. The bill now heads to the Senate, where the government seeks to delay it.

 

 

 

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