Insured people from São Paulo and Mato Grosso do Sul who have won a lawsuit against the INSS (National Social Security Institute) can now consult, on the TRF-3 (Federal Regional Court of the 3rd Region) website, whether they will receive precatories in 2023.
The court ended at 11:59 pm this Thursday (21) the transmission of payment orders for arrears above 60 minimum wages that will enter next year’s Budget. The processing of values takes place with delay because the TRF-3 has suffered a cyber attack.
According to the agency, the measure was possible after the restoration of electronic systems and followed the date set by the CNJ (National Council of Justice), which guaranteed a period of up to four days for the transmission of precatories after the restoration of the website.
The regular deadline for sending payment orders for final judgments ended on April 2 for the entire country, as established by constitutional amendment 114, of 2021. But, because of the hacker attack suffered by TRF3, the CNJ extended the deadline.
Who will receive in 2023?
Whoever had the payment order for their action issued by the judge between July 2, 2021 and April 2, 2022 enters the lot of 2023. If the expedition takes place after that date, the payment will only be in 2024. Before the change in legislation, 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.
Difference between RPV and precatory
The RPV (Small Value Requisition) is a delay of up to 60 minimum wages paid in the Federal Court to those who win a lawsuit against the INSS. In general, these payments are due within two months of the judge’s payment order.
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.
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.
HOW TO MAKE THE CONSULTATION?
Policyholders in São Paulo and Mato Grosso do Sul must access the TRF-3 website. On the home page, go to “Procedural consultation”, on the right side of the screen, in a green frame, below. Then click on the arrow next to “Process number” and choose the option “Payment requests”.
Then, go to “Consultations by OAB, Process of origin, Requisitioning Office of origin or Protocol number” and enter your CPF, OAB of the lawyer or the case number and click on “I’m not a robot”. Then go to “Search”. It is necessary to confirm whether the action is a precatory, which will be indicated with the acronym PRC. In the field referring to the assessment, which appears as the date of the protocol, a date between July 2, 2021 and April 2, 2022 must be included in order to be in this batch of precatories.
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.
The PEC of Precatórios created limits for the payment. In all, around R$ 45 billion will be released, but there is a list of priorities.
You must receive first, in this order: those who won minor claims (the so-called Small Claims, up to 60 minimum wages), elderly people over 80 years old and those with chronic diseases and those who won cases in a maximum amount of up to 180 minimum wages.
In 2020, the payment was even postponed due to the need for the government to have cash in 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 amount 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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