OAB, AMB and servers enter the STF to suspend PEC from Precatórios

The Brazilian Bar Association (OAB), the Association of Brazilian Magistrates (AMB) in a group of institutions representing public servants entered the Federal Supreme Court (STF) to suspend the changes approved by the Proposed Amendment to the Constitution (PEC) of the precatories and remove the expense of paying court sentences from the spending ceiling.

The PEC was presented by the government of President Jair Bolsonaro and approved in Congress to enable the Auxílio Brasil of R$ 400 in 2022, but also made room for other expenses of electoral interest. In total, the slack amounted to R$ 113 billion in this year’s Budget with the change in the public spending ceiling rule and the limitation of payment of precatories, which are debts recognized by the Justice, starting this year.

The lawsuit questions both the formal processing of the PEC in Congress, which was split into two constitutional amendments upon enactment, and the content of the change. One of the main devices targeted by the suspension request is precisely what limits the payment of precatories until 2026. For this reason, the proposal approved by parliamentarians was nicknamed “default”.

Photo: Fábio Rodrigues Pozzebom/Agência Brasil

In the action, the OAB and the other organizations ask for the removal of the expense with precatories from the spending ceiling, with the guarantee of full payment each year. The measure approved by Congress reduced the amount of precatories to be paid in 2022 from R$89 billion to around R$45 billion. The OAB’s strategy in the Supreme Court was anticipated by Broadcast Político (Grupo Estado’s real-time news system) on October 5, while the PEC was still being processed.

For the authors of the action, the limit on the payment of court sentences violates a series of provisions of the Constitution, such as the separation of Powers, the fundamental rights to equality and property and the effectiveness of judicial protection. The sub-ceiling, according to the suit, “represents an unequivocal violation of the constitutional principle of the separation of powers, which ensures not only independence and harmony between the Powers, but, above all, the protection of individuals against the potential abuse of an absolute power. .”

The lawsuit also questions the creation of a commission in Congress to oversee judicial precatories and the imposition of the so-called “accounts meeting” on creditors, that is, when the payment of a precatory is annulled with the compensation of a debt collected by the Union. “It should be noted, because it is absolutely relevant, that the creation of Auxílio Brasil is not questioned in this action, given that the transfer of income has proven, over time, to be an important measure for national development. What cannot be ignored is that, for these purposes, it is preferable to establish a new constitutional regime that sacrifices the hard core of the Federal Constitution, fails to comply with constitutionality decisions handed down by this E. STF and compromises the credibility of the Federal Union before the financial market National and international.”

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