Post by account_disabled on Mar 6, 2024 1:30:54 GMT -5
Constitutional Amendment Nocreated a ceiling for the payment of Union court orders, which will last until the end of The amounts paid with court orders and small-value requisitions were growing year after year, continually increasing their percentage in GDP. If, in , the value was almost R$ billion, in , it reached more than R$ billion
The issue has once again gained prominence in the legal world because the federal government itself has been defending its unconstitutionality in ADIs , and .
One of the reasons for creating the PEC was to stabilize annual payments resulting from court decisions, with the creation of a ceiling. This ceiling is set in relation to the amounts paid in , in the same way as what occurred for the delimitation of other Union expenses, with the creation of the spending ceiling As the spending ceiling limits the growth of expenses and the court orders had no limits to their growth, increasing beyond the IPCA (used to update the spending ceiling), there was a compression of other primary expenses.
In the cap on precatório expenses, it does not matter if the BTC Number Data amount to be paid for precatório increases too much from one year to the next: there will be a mere monetary update and not enough allocation to pay the entire amount. The ceiling for expenses with precatório established was the equivalent to the “value of the expense paid in the financial year, including the remaining payments paid”, with only the monetary update of the value in accordance with article.
The calculation of debt arising from real court orders will continue to be carried out. However, its usefulness will be to identify the value to be allocated to its effective payment and its difference to the real value, in what is called fiscal space . This difference will be allocated to Bolsa Família, as well as social security, of the Constitution (article -A, caput , ADCT).
Some expenses are excluded from the constitutional ceiling.
The first of these consists of precatório credits that are used in the manner provided for in art. , §, of the CF, in accordance with the provisions of article -A, §, of the ADCT. It means, for example, that, if a precatório creditor uses his credit to purchase a property from the Union, this amount will not be counted as paid from the precatório budget. This way, there will be a higher amount for payment of court orders that year.
The issue has once again gained prominence in the legal world because the federal government itself has been defending its unconstitutionality in ADIs , and .
One of the reasons for creating the PEC was to stabilize annual payments resulting from court decisions, with the creation of a ceiling. This ceiling is set in relation to the amounts paid in , in the same way as what occurred for the delimitation of other Union expenses, with the creation of the spending ceiling As the spending ceiling limits the growth of expenses and the court orders had no limits to their growth, increasing beyond the IPCA (used to update the spending ceiling), there was a compression of other primary expenses.
In the cap on precatório expenses, it does not matter if the BTC Number Data amount to be paid for precatório increases too much from one year to the next: there will be a mere monetary update and not enough allocation to pay the entire amount. The ceiling for expenses with precatório established was the equivalent to the “value of the expense paid in the financial year, including the remaining payments paid”, with only the monetary update of the value in accordance with article.
The calculation of debt arising from real court orders will continue to be carried out. However, its usefulness will be to identify the value to be allocated to its effective payment and its difference to the real value, in what is called fiscal space . This difference will be allocated to Bolsa Família, as well as social security, of the Constitution (article -A, caput , ADCT).
Some expenses are excluded from the constitutional ceiling.
The first of these consists of precatório credits that are used in the manner provided for in art. , §, of the CF, in accordance with the provisions of article -A, §, of the ADCT. It means, for example, that, if a precatório creditor uses his credit to purchase a property from the Union, this amount will not be counted as paid from the precatório budget. This way, there will be a higher amount for payment of court orders that year.