Public calamity is a state decreed by the Federal Government in the face of a catastrophe or disaster that results in great damages and losses.
In situations of public calamity, some measures can be taken to facilitate coping with the crisis, such as, the release of increased expenses, closure of establishments, limitation of purchase of essential goods and reinforcement of policing.
The objective of decreeing public calamity is to provide more conditions for governments to create measures to protect the lives of the population and to maintain essential public services.
On March 20, 2020, the National Congress declared a state of public calamity to combat the coronavirus pandemic (covid-19).
The collapse of the Vale mining dam in the city of little mist is another example of a calamity situation. The tailings released by the dam caused more than 250 deaths and enormous environmental damage.
What does the law on public calamity say?
The state of public calamity is regulated by Decree 7.257/2010, which deals with the National Civil Defense System - SINDEC.
According to this decree, states, municipalities and the Federal District may request a public calamity or emergency situation. The difference between them is one of intensity:
- Emergency situation: less serious, it partially compromises the public power's capacity for action;
- Public calamity: more serious, it is used in cases where the capacity of the public power is seriously compromised.
Measures that can be taken:
- Release of FGTS withdrawal for the affected population;
- Dispatch of Civil Defense and Armed Forces teams;
- Waiver of bids for contracting services and purchasing products;
- Release of resources for victim assistance
- Closing of non-essential businesses, sports complexes and churches
- Suspension of non-essential State public services
- Suspension of face-to-face service
- Limitation on purchase of essential goods
- Strengthening policing
Based on Decree 7.257/2010, the state of public calamity and emergency situation can only be requested by municipalities, states and the Federal District.
When the Union decrees a state of public calamity, such request is based on the Fiscal Responsibility Law (LRF) and not on Decree 7,257/2010 used by other entities.
Fiscal Responsibility Law has rules for cases of public calamity
The Fiscal Responsibility Law (LC No. 101/2000) is a law that regulates the control of spending by the Union, municipalities, states and the Federal District. Article 65 provides for rules for cases of public calamity.
Based on this law, the Union, states, municipalities and the Federal District may request a state of calamity which must be approved by the National Congress or by the corresponding Legislative Assembly.
If approved, the requesting entity is exempt from complying with the tax result provided for in the Budget Guidelines Law (LDO), that is, your expenses may exceed what was foreseen in the annual budget.
Financial calamity does not exist in legislation
The term financial calamity does not exist in any legislation in Brazil, but was used by for the first time in 2016, by the government of Rio de Janeiro, which was having serious problems in the accounts public services.
The objective of the state government was to obtain the financial facilities provided for in the Fiscal Responsibility Law for situations of public calamity.
Although other states have already requested financial calamity, there is no provision in the law for such a situation. The National Treasury, for example, claims that there is no flexibility in the rules of the Fiscal Responsibility Law resulting from this situation.
Brumadinho and coronavirus are examples of public calamity in Brazil
One of the most emblematic cases of public calamity decree in Brazil was the environmental disaster resulting from the rupture of the brumadinho dam in 2019, in the state of Minas Gerais. In addition to the death of more than 250 people, this accident had a major impact on the region's ecosystem, with destroyed vegetation and dead and contaminated animals.
In 2020, the coronavirus pandemic (covid-19) forced several countries in the world to enact emergency measures and Brazil was no exception. The Senate decreed a public calamity on March 20, allowing for increased spending to fight the pandemic and the implementation of extraordinary measures.
Also know what the meaning of State of siege.