OAB, trade union centrals and 29 entities publish manifesto against PEC of Precatório

The Federal Council of the Brazilian Bar Association, nine trade union centrals and 29 entities released this Thursday (25th) a manifesto against the PEC dos Precatório.

The proposal, which has already been approved in the Chamber and is being analyzed by the Senate, institutes the default of judicial debts.

According to the document, the proposal, on the pretext of opening up space in the spending ceiling to make the payment of the Brazilian Aid in 2022 viable, “vilified several guarantees and fundamental rights of creditors” by establishing a new default — already declared unconstitutional by the STF (Supreme Federal Court).

In addition, the document says, the federal government’s proposal promotes a hole in the spending ceiling, creates rules for untying revenues and proposes breaking the golden rule.

According to the manifesto, in judgments of other attempts to postpone these payments, the Supreme Court considered that the moratorium on the discharge of court orders violated constitutional principles.

“The most recent and perverse version of the PEC do Calote, approved by the Chamber of Deputies, went much further than the previous ones (EC 30/2000 and EC 62/2009), by establishing new ‘rules’ for the fulfillment of judicial decisions, reaching millions of creditors, individuals, including the elderly, people with disabilities and serious illnesses, in addition to legal entities that guarantee millions of jobs, income and collections”, says the text.

According to the entities, it is estimated that, at the end of the ten years of the proposed moratorium, there will be a liability of R$ 1 trillion accumulated, a figure disclosed in a study by the Budget Consultancy of the Chamber of Deputies.

See the full document, which has among the signatories seven sections of the OAB, associations and unions of public servants, entities in the area of ​​Law and the central offices CUT, Força Sindical, UGT, CTB, Nova Central, CSB and Public Central do Servant.

MANIFESTO AGAINST THE DEFAULT OF THE PRECATÓRIOS

The Federal Council of the Brazilian Bar Association, the OAB sections, and the other associations and entities that are signatories to this document, in defense of the maintenance of the Democratic State of Law, Legal Security and the stability of the country’s economy, express themselves vehemently contrary to PEC 23/2021, authored by the federal government, approved by the Chamber of Deputies on November 9, 2021.

The Proposal, under consideration by the Federal Senate, on the pretext of opening fiscal space for the expansion of the “Auxílio Brasil” assistance program for 2022, violated several guarantees and fundamental rights of creditors by establishing a new default – already declared unconstitutional by the Federal Supreme Court – , in addition to promoting the “hole” in the Expenses ceiling, creating rules for untying revenues and proposing the breaking of the golden rule.

Notwithstanding the more than 30 (thirty) unconstitutionalities pointed out in the initial presentation of the matter, the final approved text establishes even more unconstitutionalities.

The current precatory regime had its foundations established in recent constitutional changes, from the judgment of ADI’s 4,357 and 4,425 by the Federal Supreme Court, which considered that the moratorium on the discharge of court-ordered debts violates constitutional principles, such as the Democratic State of Law, the principle of Separation of Powers, isonomy, the right to effective judicial protection and reasonable duration of the process, as well as the acquired right and res judicata, the right to property, the principle of legal certainty and administrative morality.

The most recent and perverse version of the PEC DO CALOTE, approved by the Chamber of Deputies, went much further than the previous ones (EC 30/2000 and EC 62/2009), by establishing new “rules” for the fulfillment of judicial decisions, reaching millions of creditors, individuals, including the elderly, people with disabilities and serious illnesses, in addition to legal entities that guarantee millions of jobs, income and revenue.

It is estimated that, at the end of the 10 years of the proposed moratorium, we will have a liability of R$1 trillion accumulated.

If approved, PEC 23/2021 will, at the same time, have a serious impact on the Brazilian economy, alienation of investors, exponential increase in public debt, installation of legal uncertainty, reduction of the potential for economic growth and the capacity to generate jobs in the parents.

This is the moment for reflection and, in addition to the legal issues debated in the judiciary, for reassessing, in a responsible and fair manner, the innovative and possible ways of definitively extinguishing the obsolete system of payment of debts from the Public Treasury to creditors.