We require a license to drive a bus, yet nothing to manage trillions: the proposal for public management certification

Run a quick proportionality check. To drive a school van with 15 passengers in Brazil, Article 145 of the Brazilian Traffic Code (Law No. 9,503/1997) requires a minimum age of 21, a Category D license, no serious traffic offenses, and completion of a specialized training course. To manage a third-party investment portfolio, CVM Resolution No. 21/2021 requires rigorous technical certification and up to 7 years of proven experience. Even to serve as a director of a state-owned company, Article 17 of Law No. 13,303/2016 (State-Owned Enterprises Law) requires a university degree and up to 10 years of professional experience.

Now look at the top of public administration: the federal government manages an annual budget of R$ 5.8 trillion, alongside 26 states, the Federal District, and 5,570 municipalities. What is the current legal requirement for technical knowledge of public budgeting, the Fiscal Responsibility Law, or public procurement for someone running for Mayor, Governor, or President, or appointed as a Cabinet Minister or Finance Secretary?

Zero.

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1. The measurable cost of administrative improvisation

Running a city, a state, or the federal executive is a high-complexity financial operation governed by three constitutional budget laws (PPA, LDO, and LOA, Article 165 of the Constitution), the Fiscal Responsibility Law (Complementary Law 101/2000), and the Public Procurement Law (Law 14,133/2021):

• Municipal fiscal fragility: According to the Firjan Fiscal Management Index (IFGF) based on National Treasury (STN) data, over 80% of Brazilian municipalities generate less than 20% of their own revenue, and 46% operate in difficult or critical fiscal condition, frequently breaching the 54% Net Current Revenue (RCL) payroll ceiling (Art. 20, III, "b" of the LRF).
• Over 8,600 halted public works: Audits by the Federal Court of Accounts (TCU) show that out of more than 21,000 federally funded infrastructure contracts, over 40% (more than 8,600 schools, clinics, and sanitation projects) were halted primarily due to flawed basic engineering plans and poor budgetary execution.

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2. A dual-track constitutional engineering solution (PEC + Immediate PLP)

To overcome both constitutional objections on legislative plurality and the 171-signature threshold required to file a Constitutional Amendment (PEC), the reform is structured in two coordinated legislative instruments based on two precedents already upheld by the Supreme Federal Court (Art. 17 of Law 13,303/2016, upheld in ADI 5624) and Congress (Art. 8-B of Law 9,717/1998, requiring a university degree and technical certification exam for municipal pension fund managers):

1. Constitutional Amendment Proposal (PEC altering Art. 14, § 3, VII, §§ 3-A and 3-B of the Federal Constitution): Requires a university degree and prior approval in a free, semiannual, strictly objective, and non-partisan National Public Management and Fiscal Responsibility Certification Exam (administered by ENAP and the TCU's Serzedello Corrêa Institute under TSE supervision) exclusively for candidates for Mayor, Governor, and President (and Vices), preserving legislative seats (City Councilors, Deputies, and Senators) untouched and establishing a transition rule for municipalities under 20,000 inhabitants without a local college.
2. Complementary Law of Immediate Individual Filing (PLP adding Arts. 1-A and 67-A to the LRF, LC 101/2000, and amending Art. 11 of Election Law 9,504/1997): Can be filed immediately by a single member of Congress without waiting for 171 signatures. It creates the National Public Management and Fiscal Responsibility Certification Exam (ENAGP) via ENAP/TCU, requires a university degree and ENAGP certification for all Ministers and State/Municipal Secretaries of Finance, Planning, Budget, and Administration as well as Budget Authorizing Officers (Ordenadores de Despesa), prohibits uncertified Chief Executives from ordering primary expenses alone without joint signature of a certified officer, and requires the Electoral Court (DivulgaCandContas / TSE and electoral broadcasts) to prominently display each executive candidate's degree, ENAGP certification status, and Preliminary Fiscal Compatibility Statement.

Good decisions have numbers, deadlines, and owners.