Insured persons who have won an action for granting or reviewing the INSS (National Social Security Institute) benefit and are entitled to arrears above 60 minimum wages will be able to receive the precatories in 2023, if they enter the payment list of the Federal Court.
The deadline for registration of judicial debts in the 2023 Budget ends this Saturday (2), according to a new rule established in constitutional amendment 114, which came into effect after the approval of the PEC (proposed amendment to the Constitution) of the Precatórios.
Only in the states of São Paulo and Mato Grosso do Sul will the deadline be different, due to a cyber attack on the systems of the TRF-3 (Federal Regional Court of the 3rd Region), which took place on March 30. With the action and as part of the data protection strategy, the court ordered the shutdown of all systems.
The TRF-3 asked the CNJ (National Council of Justice) for a longer deadline for the registration of INSS arrears in the 2023 Budget and the council responded to the request. According to the decision of the CNJ, the deadline for registering precatories in the TRF-3 will be extended for another four days from the restoration of the systems. There is still no date for the return of operation.
At the TRF-5, which serves the states of Pernambuco, Paraíba, Rio Grande do Norte, Ceará, Alagoas and Sergipe, there will be an extraordinary shift this Saturday, in order to send all the required letters for payment to be made in 2023 and doubts about the dispatch and processing of values.
The TRF-4, responsible for the states of Paraná, Santa Catarina and Rio Grande do Sul, says that the precatories that will be paid in 2023 can be sent until 11:59 pm this Saturday.
According to the TRF-1, which serves Acre, Amazonas, Roraima, Rondônia, Amapá, Pará, Mato Grosso, Tocantins, Maranhão, Piauí, Bahia, Minas Gerais, Goiás and the Federal District, the deadline to include precatories in the 2023 Budget ends on the 2nd of April. Anyone who does not have the payment order issued by the judge by the deadline will only receive in 2024.
The TRF-2, responsible for the states of Rio de Janeiro and Espírito Santo, did not respond.
Who will receive in 2023
Whoever had the payment order issued by the judge between July 2, 2021 and April 2, 2022 enters the lot of 2023. If the shipment does not take place by the end of this Saturday, payment will only be in 2024. Before the change , the payment of precatories was made between July of one year and July of another.
Only those who have already won the action against the INSS have a chance to enter the list of precatories, without the possibility of appeal, that is, with the process final and unappealable. In addition, the value of the precatory must be above 60 minimum wages.
For the year 2021, the minimum is R$ 66 thousand. For 2022, the payment limit starts at BRL 72,720. To find out if you will receive, the consultation must be made on the website of the court responsible for the location where the process was initiated or the lawyer who filed the action.
It is possible to consult the creditor’s CPF number, the lawyer’s OAB registration or the judicial process number. You must check, in the “Procedure” field, what is written. If PRC appears, it means that the debt exceeds 60 minimum wages and is a precatory.
When will the payment be
The federal government has until December of next year to pay off debts with precatories. With the PEC, there were changes and there are limitations on payment. Traditionally, the amounts are paid between March and April. This year, the money still hasn’t come out.
In 2020, the payment was postponed due to the need for the government to have cash on hand to face the crisis caused by the Covid-19 pandemic.
The CJF (Council of Federal Justice) is responsible for releasing the money to the Federal Regional Courts. Afterwards, each TRF, according to its own schedules, will be responsible for depositing the released amounts.
When the money is released, the credit is made in a public bank in the name of the beneficiary. It can be at Caixa Econômica Federal or Banco do Brasil.
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