INSS precatories will be paid in July; see who will receive

The CJF (Council of Federal Justice) will release R$ 25.4 billion for the payment of food court orders next month. Most of this amount is intended for retirees who won the INSS (National Social Security Institute) in court. Precatórios are government judicial debts above 60 minimum wages.

The letter communicating the payment was sent to the TRFs (Regional Federal Courts) this week by Minister Humberto Martins. In the statement, the minister says that the money will be released in accordance with the publication of the “Federal Justice Monthly Disbursement Schedule”.

The deposits to the courts will take place in July, but the discharge of the amounts to the insured can occur until the first half of August. “The effective availability of the amounts in the beneficiary’s account, in view of the internal administrative procedures in the courts and financial institutions, is expected to occur until the first fortnight of August”, says the CJF.

This year, the payment of precatories should follow what is determined in constitutional amendments 113 and 114, of the PEC (Proposed Amendment to the Constitution) of Precatórios. According to lawyer Adriane Bramante, president of the IBDP (Brazilian Institute of Social Security Law), from now on, there will be limit values. “Whatever exceeds this limit will be paid the following year.”

In a note, the TRF-5 (Federal Regional Court of the 5th Region), which serves states in the Northeast, informs that it received this Wednesday (8) a letter from the Federal Justice Council announcing the payment in July. The court says there is no exact date for releasing the amounts to policyholders. “The payment will be from July, but there is no way, at that moment, to specify the date or values, nor the number of beneficiaries”, he informs.

The TRF-3 (Federal Regional Court of the 3rd Region), which serves the states of São Paulo and Mato Grosso do Sul, also confirms receipt of the statement and says that it still does not know the amount destined for the region or how many will be the beneficiaries.

Payment has changes; see what they are

According to the text of the constitutional amendment, the total value of the precatories has a ceiling that freezes the amount to be paid. Until 2026, payment will be based on the amount paid in arrears in 2016 plus outstanding balances from previous years. Part of the amount that would go to pay off judicial debts goes to Auxílio Brasil, a substitute for Bolsa Família and the government’s main program as a bet for reelection.

“The precatory will no longer be paid exactly in the year indicated as foreseen. In addition to having the precatory issued, the insured must wait for the second list, which will be released after the amounts to be paid, within the ceiling brought by the two constitutional amendments”, he says. Is it over there.

Another change is in the correction of values. Arrears paid in court will be corrected by the economy’s basic interest rate, the Selic, and no longer by the IPCA-E (Amplified National Consumer Price Index – Special) as determined by constitutional amendment 113.

Payment of precatory will obey the following priority rule:

1. RPVs (Small Value Requisitions), which are actions of up to 60 minimum wages
2. Precatórios of alimony nature whose holders or heirs are at least 60 years old or have a serious illness or people with disabilities, up to the amount equivalent to triple the amount established by law as RPV
3. Other precatories of a food nature up to the value equivalent to triple the RPVs
4. Other precatories that do not enter the first three rules

Who will receive INSS precatories in 2022

Insured people who earn the right to grant or review a social security benefit in the courts and whose sum is above 60 minimum wages receive a precatory. Will have the money this year who had the delay released by the judge between July 2, 2020 and July 1, 2021.

Citizens can check their process on the website of the court in the region where they are served. In São Paulo and Mato Grosso do Sul, the consultation is done on the website www.trf3.jus.br. It is possible to find out information by case number, by the lawyer’s OAB (Brazilian Bar Association) number or by the insured person’s CPF.

To know if you will receive it in 2022, it is necessary to observe the date that appears in “Date TRF protocol”. After payment, “payment in full to court” will appear. The money will fall into an account opened by the court at Banco do Brasil or Caixa Econômica Federal.