The Federal Supreme Court (STF) on Thursday (30) overturned a 2017 law that provides for the cancellation of precatories and small-value federal requisitions that were issued, but were not withdrawn within a period of two years.
According to this questioned law, after this period the amounts could be transferred by financial institutions directly to the National Treasury.
Precatórios are payments made by the public administration, under the order of the Justice, to whom the government activates for some reason.
The case began to be judged on Wednesday (29), but was interrupted and resumed this Thursday afternoon.
By majority, the Supreme Court followed the vote of the rapporteur of the case, Minister Rosa Weber, who understood that the rule is contrary to the Constitution. For her, the law that was questioned could not set a time limit for the act.
He also said the law transferred from the Judiciary to the financial institution the verification of the payment.
Rosa Weber stated that she sees the rule as a “true circumventing the checks and balances indispensable for the proper functioning of the Powers”.
The ministers Alexandre de Moraes, Edson Fachin, Dias Toffoli, Ricardo Lewandowski and Cármen Lúcia voted with her.
Gilmar Mendes disagreed with the minister and understood that the measure is possible. He voted, however, for the cancellation of payments to occur only after the creditor has been summoned by the execution court. He was followed by Luís Roberto Barroso, Kassio Nunes Marques, André Mendonça and Luiz Fux.
The petition against the law was presented to the court by the PDT, which argued that the rule could only be passed in Congress through an amendment to the Constitution.
The party also stated that it was not up to the law to transfer the competence to manage precatories to financial institutions.
The Attorney General of the Republic, Augusto Aras, also stated that the law was against both the Constitution and the harmony between the Powers.
The law overturned by the Supreme Court had been sanctioned by former Senate President Eunício Oliveira (MDB-CE), who assumed the Presidency on an interim basis during a trip by then President Michel Temer.
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