Dinheiro na mão é vendaval: uma análise sobre o endividamento público interno do Brasil em face ao princípio do equilíbrio orçamentário e a sustentabilidade financeira

Abstract

The present work deals with the debt internal public in Brazil. For both, it was chosen as a theoretical basis for the analysis of this public debt, from the principle of a balanced budget, in its various models, and through the financial sustainability, especially from the contributions of Fernando Facury Scaff, who has been aligned, most of the times with Daniel Tobias Athias. In what follows the monographic work, it is portrayed a historical trajectory of the foundation and consolidation of the internal public debt, to be able to understand where they had come such a debt, and soon after, it is passed to the theme of the 1988 federal Constitution, and the mismatch that there is between the constitution financial and economic constitution. Under this same bias, this paper discusses the problematic of the different types of balanced budget, and the possibility of the use of deficits and surpluses countercyclically, in order to obtain a stability to economic-financial, without the need to fit in the traditional practices of revenue and expenditure equal to zero, so to avail himself of a debt to obtain development. In this context, it is ascertained the need for the observance to financial sustainability, coupled with a concept of justice between generations. First, you will be shown a brief history about of the internal public debt in brazil, observing the different periods, between the colony, empire and republic, which depicts the different modes of borrowing and of the negotiation as to the debt already consolidated, and so, coming to the constitution of 1988, discussing about the different constitutions, financial and economic and, as a result. Then, it will be on the problem of the principle of a balanced budget, in its various aspects, in addition to the golden rule. Finally, it will be analysed how it is proposed the use of the public debt, used in harmony with the current and future generations, allied to the idea of inter-generational equity and, therefore, justice in the use of financial sustainability. For both, the methodology used is literature review, with the study of constitutional and infra-constitutional, aimed at the financial law and economic law.