By Pedro Canário
The Federal Attorney General (PGF), arm of the Attorney General's Office that represents federal agencies and foundations, published on 18/01 Ordinance 17/2013, which regulates the "extrajudicial protest for nonpayment of Certificates of Outstanding Debt of federal agencies and public foundations. " The rule authorizes federal prosecutors regional and representative offices of PGF in office to protest the debts with CDA in value to $ 50 thousand.
According to the text, the prosecutors must submit notary's offices to protest titles, alongside the CDAs, guides pickup Union (GRU). They have until the 15th of each month for that. Paragraph 4 of Article 1 also says that debts that have legal charges that reach 20% of total debt will be appealed discount of 10%.
Article 4 of the new ordinance also stipulates that the debts will remain for up to 180 days in office, as from the notification of the debtor. If no payment, PGF and its regional representatives are allowed to assess tax enforcement actions. Borrowers can parcel out your debts by up to 60 times, depending on the total amount of debt.
Back
The ordinance is based on the PGF new single paragraph of Article 1 of Law 9.492/1997, which regulates the protest of securities and other debt documents. Now, the device lists among the debts subject to protest in the notary CDAs Union, states, municipalities and their agencies and foundations.
The paragraph was added by Law 12,767, published on December 28, 2012, and initiative proposed by the Union Law The main theme is the "extinction of public service concessions electricity and temporary provision of services." But "other measures". One is to allow the protest notarized certificates of outstanding debt.
Before the law, this protest was permitted by Ministerial Ordinance 574-A, the AGU and the Ministry of Finance, published in December 2010. Except that in September 2012 the 13th Federal Court of the Federal District declared void.
In annulment action filed by the Federal Council of the Brazilian Bar Association, Federal Judge Marcelo Velasco Albernaz cited case law of the Court of Appeals to affirm that the CDAs have "presumption of certainty and liquidity," but that there was no legal provision for the existence of Ordinance 574 a. Now there is.
Success Rate
The PGF, authorized by ministerial decree, as did the protest extrajudicial. Ordinance regulates PGF's own standard of AGU and limited protest the debt to $ 10,000. In practice, that Ordinance 17 of PGF did was increase the debt limit to $ 50 thousand.
According to the federal prosecutor Tarsila Fernandes, the Coordinator-General Billing and Credit Recovery of PGF, which led to the new rule of PGF was seen success in recent years. She says that, between December 2010 and December 2012, were recovered 50% of total debt in CDA appealed notarized. Are $ 11.8 million, calculates the prosecutor.
She adds that the tax lien has proved "ineffective" because it takes an average of eight years. "The protest extrajudicial lasts three days, because the notary orders the debtor and says: 'If you do not pay within three days, will be protested." So in fact, the person is not even protested, "celebrates Tarsila, explaining why the limit for complaint in office was $ 10 thousand to $ 50 thousand.
Pedro Canário - Counsel magazine reporter.