Justice releases R$ 20 billion for precatories of INSS retirees and federal servants

The CJF (Council of Federal Justice) released R$ 20 billion for the payment of food precatories for 2022, which includes amounts owed to INSS (National Social Security Institute) retirees and pensioners and to federal servants who won lawsuits against the government. .

Precatórios are judicial debts above 60 minimum wages. This year, the total released is lower than expected, since the PEC (proposed amendment to the Constitution) of the Precatórios established limits for expenses with lawsuits.

The initial forecast was that the government would allocate BRL 32.4 billion to these arrears, 25% less than the amount requested by the Judiciary for 2022, of BRL 42.8 billion. However, the amount released is even smaller, at R$ 25 billion – including food lawsuits and other federal precatories. In all, the money will be released to 196,019 beneficiaries in a total of 115,392 processes.

When will the 2022 precatories be paid?

The amounts will begin to be deposited by the TRFs (Regional Federal Courts) as of August 31. Most courts, however, must make payments only in September. Receives in this lot who won the action against the INSS and had the judge’s payment order issued between July 2, 2020 and July 1, 2021.

Of the BRL 20 billion for food court orders, BRL 11.2 billion goes to 104,599 INSS policyholders who won 72,213 processes for social security, assistance or disability benefits.

In the TRF-3 (Regional Court of the 3rd Region), which serves São Paulo and Mato Grosso do Sul, the payment of this year’s precatories is scheduled for the beginning of September. More than R$ 4.7 billion will be paid to around 43,800 beneficiaries.

At the TRF-4 (Federal Regional Court of the 4th Region), responsible for Paraná, Santa Catarina and Rio Grande do Sul, the withdrawal of amounts will be available from Wednesday (31). R$ 3.4 billion will be made available, of which R$ 2.8 billion refer to social security processes.

“This amount corresponds to 48.31% of the total that would be necessary for the full discharge of the debts of 2022, in view of the budget limitation established by Constitutional Amendment 114”, informs, in a note, the court.

The TRF-5 (Federal Regional Court of the 1st Region), which serves part of the Northeastern states, informs that the values ​​should be available from the 12th of September. The court did not detail the total that will be paid or the number of beneficiaries.

When contacted, TRFs 1 and 2, and the recently created TRF-6, in Minas Gerais, did not respond.

How arrears are paid

After the publication of constitutional amendment 114, the payment of precatories must obey the following order:

1. First, the food precatories with a limit of up to three times the RPVs (Small Value Requisitions) ceiling for beneficiaries over 60 years of age or with a disability or serious illness, which gives R$ 218,160 this year
2. Afterwards, the other precatories of a food nature will be paid, also limited to up to three times the value of the RPV of 2022, which gives 180 minimum wages.
3. In third place come the other alimony debts and, in the sequence, the other precatories

The deposit of the money is made at Caixa Econômica Federal or at Banco do Brasil in an account opened in the name of the beneficiary or his lawyer. To find out if they will receive this lot and the amount that will be paid, the citizen must consult the TRF website in their region.

There are cases in which it is necessary to ask the judge of the case for the lifting license for actions that took place in the Courts of Justice of the states.

Controversy barred payment of amounts this year

The payment of federal precatories was scheduled for the first half of August, but was suspended by the Federal Court after the OAB (Brazilian Bar Association) called the body to ask that the payment of attorneys’ fees not be postponed.

The category feared not receiving the money, since the consultation on TRFs websites showed that non-priority lawyers would not be on the PEC payment list. The suspension took place on July 22. On August 2, in a session of the CJF, the magistrates decided that the fees must be paid on the same date as the precatory of the plaintiff.