Precatório de natureza alimentar e as alterações do artigo 100 da Constituição Federal de 1988 inseridas pela Emenda Constitucional nº 62/200

• Autor(a) principal: Belice, Daiane
• Data de Publicação: 2011
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/34110
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Fazenda Pública; Execução; Bens públicos; Precatório; Natureza alimentar; Public Treasury; Execution; Public goods; Precatory; Personal subsistence

During the Brazilian imperial period, an entity called “Public Treasury” was created to manage the public federal treasury. Nowadays, this same expression is used to represent not only the treasury management of Brazilian Union and their states and cities, but is also related to the public interest defense and possible legal burden. In judicial processes, specially during the execution phase of the sentence, the Public Treasury enjoys privileges due the application of the principle of supremacy from public interest over the particular. That principle turns all public goods not liable to pledge. The judicial enforcement against the Public Treasury, aiming at the fulfillment of any financial obligation, result in a payment notice to the government, called precatory. This payment notice can be used for personal subsistence or alimony, among other kind of destination. By virtue of its importance, precatory with personal subsistence nature uses to have privileges and priorities that cover all funds from employment relations. Even with an attempt of rescue the morality of Public Administration regarding debts discharge through a legislation improvement, a precatory expedition not always ensures a 100% payment that satisfies the creditors of the Public Treasury. The latest relevant legislative change related to the precatory process is the Constitutional Emend nº 62/2009, that gave a new redaction to the article nº 100 of the Federal Constitution from 1988 year, instituting a new regime for notice of government payment. Among the main amendments promoted by the Constitutional Emend nº 62/2009 regarding personal subsistence precatory, it’s possible to highlight some points: attempt to limit the controversy about its definition, establishment of chronological order preferred for payment for the elderly and people with serious diseases, increase the chances of public funds impounding, transfer of credits, tradeoff between creditors and debtors, public properties acquisition. This study shows that due the Public Treasury creditor dissatisfaction, the payment system of government notices has suffered changes, gaining major constitutional importance. Constitutional Emend nº 62/2009 imposed the adoption of new procedures for Public Treasuries and patriotic courts, configuring one more attempt of effectiveness of court convictions and the recovery of morality and public administration in society. It is too early to conclude that these new procedures will achieve the desired effectiveness, satisfying creditors that are waiting for their payment for years. However, it was possible to see that the upper levels of the judiciary will be often called in to decide old and new polemic questions about precatory payment, specially in relation of personal subsistence nature