03/04/2013
Suspended payments precatórios in ascending order Autor: TJ/RS
With the publication, on 02.04.2013, the minutes of the trial decision of the Federal Supreme Court (STF) which recognized the unconstitutionality of Constitutional Amendment No. 62/2009, all efforts for the writ of the State of Rio Grande do Sul will be concentrated in payment of chronological order, where they are inserted preferences (the elderly and those with serious illnesses).
This means that payments will be suspended in ascending order until the FTS module (set) the effects of the decision, especially as the date to be considered for the decision takes effect, which may correspond to the date of judgment or radiate them to the past (the publication date of the amendment) or for the future.
As a result of obedience to what was decided by the Supreme Court, the payment of R $ 114,374,918.30 to 4934 creditors, in ascending order, which awaited only the commitment is suspended, but may be resumed if the effects that may be established the Supreme Court decision permitting.
According to Judge Coordinator Center Precatórios the Court of RS, Luiz Antonio Alves Capra, the payment of significant number of lenders would, significantly, the result of their work. According to the Judge, the terms left pending in the Supreme Court to define the situation, if possible, to resume payments that were about to be performed in ascending order. This does not mean that efforts to pay the creditors will decrease, but that all forces will be directed to only a method of payment, ie paying the preferences and enter definitely in chronological order.
Ascending order and chronological order
The magistrate explained that while Capra applied the rules of EC No. 62/2009, the writ of the state of RS were being paid by chronological order and in ascending order (50% of the resources for each).
The chronological order, as the name says, respects the order of entry of the writ in TJ. In chronological order they are inserted preferences (elderly and patients with severe disease in precatórios food).
The increasing order of payment considered precatory from lower to higher value and reached up to R $ 56 thousand dollars.
How are payments made
Will be paid the writ of chronological order, in the following order:
One. Preferences (precatórios food for the elderly and those with serious illnesses)
2nd. Without food preference
3rd. Nonfood
