Precatórios: a (in)efetividade no cumprimento das decisões judiciais de pagamento de quantia em face da Fazenda Pública

Abstract

An execution for a certain amount against a Public Treasury is processed by the institute of the precatory, provided for in article 100, of the Federal Constitution of 1988. It is necessary to understand a civil execution, in particular an obligation to pay a right amount , demonstrating how processes this obligation when the Public Treasury is debtor, assessing whether the performance of this institute has been effective based on the data collected before the Public Treasury of the State of Maranhão. Making use of a deductive study method, having the genesis in general arguments, reaching in particular arguments, combined with a descriptive research, in which the organization and analysis of the data is promoted. Beginning the work, it is necessary to present the civil enforcement and its mandatory modalities of doing and not doing, and of delivering things, exposing what the legislation and the possible procedures to be carried out during this executive activity of the judge. In a second step, if the obligation to pay the right amount and its processing are known, the scope of the term Public Finance will also be understood and its peculiarities, which is the fulcrum of the need for an execution to pay a righ amount differentiated against to it, as well as the dynamics of the precatory, with a detailed explanation of its constitutional rules. Then, looking at the study on the changes promoted by Constitutional Amendments 62 of 2009 and 94 of 2016, in this regime of obligation of payment in cash by the Public Treasury. Then, demonstrating the situation of payment of precatories by the Public Treasury of the State of Maranhão, culminating in the understanding that this institute was ineffective in what it proposes, which is the fulfillment of the obligation and, consequently, the satisfaction of the creditor's right. So, the payments of this taxpayer entity are involved in the moratorium, generating numerous burdens to its creditors, as a result of the precatory regime, they do not provide for the possibility of creating more energetic measures to the taxpayer that makes the co. farm entities that do not comply with the requirements of this institute, and the overthrow of the Chief Executive's will not comply with the final and unappealable decisions is mandatory.