See who can default on the INSS precatório


Currently made up to date, the payment of INSS (National Social Security Institute) arrears can be reached by the PEC dos Precatórios, under discussion in Congress.

The text, approved in the first round in the Chamber of Deputies at dawn this Thursday (4), does not prevent the federal government from postponing the payment of court orders for insured persons who have won the social security institute in court in an action for granting or reviewing the benefit .

The proposal still needs to be approved in the second round in the House before going to a vote in the Senate.

The precatório PEC guarantees priority in the payment for creditors with debts lower than 60 minimum wages, which are released through RPVs (Small Value Requisitions). In addition, the measure does not change the priority established in the Constitution for food precatories (related to benefits and salaries). Among the food items, seniors over 60 years of age and those with serious illnesses have to receive it beforehand.

The objective of the approved text is to establish an annual limit for the issuance of court orders, the name given to an order for payment of a government debt already definitively recognized by the Courts. In the case of the federal government, this ceiling will be for debts above 60 minimum wages (R$ 66,000 this year).

The limit will be calculated considering the expenditure on payment of court orders and RPVs from 2016 to 2021, updated by the IPCA (official inflation of the country). The estimate is that this ceiling will be almost R$ 40 billion in 2022, according to Agência Câmara, less than half of what was expected to be paid. According to current rules, government data indicate a payment with precatório of R$ 89 billion in 2022.

According to social security specialists, all creditors of the federal government’s court orders will be affected, directly or indirectly. The INSS insured who has the precatório issued at the beginning of each year will have more chances of receiving up-to-date.

“Even if we are within the deadline to issue the precatório, if the ceiling has already been reached, it will remain to be issued the following year. This will snowball”, says Adriane Bramante, president of the IBDP (Brazilian Institute of Law Social Security).

“It was not stipulated a limit of preferences. So, the following year, there is already a queue of super-preferential precatório, the food and, now, those that were not issued because it exceeded the ceiling”, explains Bramante.

Agreement to receive less

The insured who has the payment of his precatório postponed may choose to receive the amount in a single installment, until the end of the following year, if he accepts the 40% discount, through agreement in conciliation courts. For lawyers, the measure fuels the precatory trade.

“The government ends up valuing companies that buy court orders, because, if they have a discount of less than 40%, it is better to sell than leave it to receive the following year with the discount”, warns Bramante.

According to the text approved at dawn on this Thursday (4), creditors who choose to use this credit to:

  • pay debts with the tax authorities
  • buy public property for sale
  • pay public service concessions
  • buy shares offered for sale in public companies
  • buy rights of the federated entity in the form of an assignment (debts receivable from other creditors, for example), including, in the case of the Federal Government, the anticipation of amounts due for the oil surplus in the sharing contracts for oil exploration

Update of the debt amount

The PEC also changes the index of correction of court orders, opting for the Selic (interest rate used as a reference in the country).

For the lawyer Diego Cherulli, vice president of the IBDP, the update of the precatório by Selic is unconstitutional and, if approved, it must stop at the STF (Supreme Federal Court), based on a similar decision of the Court of 2019.

“The STF has already defined that an interest rate cannot be applied to update a precatório. The Selic is only the replacement of interest, not a correction. If they keep it, the discussion should stop at the Supreme Court”, says Cherulli.


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