Precatório: STJ will debate payment of R$400 million – 12/06/2023 – Market

The STJ (Superior Court of Justice) stated, in a note released this Wednesday (6), that this week it is making a concentrated effort to pay approximately 2,000 court orders, for a total value of around R$400 million.

The mobilization takes place after the decision of the STF (Supreme Federal Court), which authorized the Lula (PT) government to regularize the stock of judicial sentences without violating fiscal rules until the year 2026.

According to the STJ, the estimate of R$400 million includes part of the 2024 court orders, the payment of which depends on budgetary release. The court says it is awaiting information from the Union about the opening of extraordinary credit to know which court orders will be paid at the moment.

In court, the most common processes concern current and former public servants and political amnestied individuals.

The president of the STJ, Maria Thereza de Assis Moura, praised the Supreme Court’s decision on court orders. “The State’s solvency with judicial debts does not only mean the separation of Powers, the reasonable duration of the process and the right to property”, she stated.

“There is no democratic rule of law if the State itself is not subject to the law and denies compliance with sentences beyond any discussion.”

With the Supreme Court’s decision, which was taken on the 30th, the amounts held up since 2022 can be paid off immediately by the government, which obtained approval from the court to open an extraordinary credit via MP (provisional measure), effective immediately. The estimate is that the payment will be up to R$95 billion.

In the trial, the rapporteur of the case, Luiz Fux, declared the unconstitutionality of the ceiling for the payment of court orders, created in 2021 under the management of Jair Bolsonaro (PL), and accepted the request from the AGU (Attorney General of the Union) to allow the opening of an extraordinary credit to settle the liability.

According to Fux’s vote, the amount could be paid later this year, outside the spending limit and without affecting the fiscal target.

On the other hand, the reporting minister did not accept the government’s most controversial request: classifying part of these sentences as financial expenses, which would leave them outside the limits of the new fiscal framework and the primary result target also in the future.