shahadat119
Do³±czy³: 05 Mar 2024
Posty: 1
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 Wys³any: Wto Mar 05, 2024 11:07 Temat postu: Constitutionality of using federal court orders to receive c |
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In a recent text, I examined the amendment that created the Union's court order ceiling and defended its unconstitutionality. [] It turns out that ADIs , and ,, currently under trial, involve other changes to the precatório regime promoted by EC /
Although there was no request for the unconstitutionality of article , §, of the Constitution, Minister Luiz Fux considered it unconstitutional. The constitutional text allows creditors, with self-applicability to the Union, to use “liquid and certain credits that are originally their own or acquired from third parties” for various purposes. These include paying off debts registered as active debt, purchasing public properties, etc. Unconstitutionality was also defended in the AGU opinion.
According to the opinion, the compensation would BTC Number Data affect budgetary and financial planning, generating distortions in public accounts. This is because this compensation is not computed as a cash inflow nor as an inflow of primary revenue.
The AGU invokes the STF precedent in ADI ,, in which the unconstitutionality of article , §, inserted by EC /, is recognized. The normative text allowed compensation, without due legal process, of private court orders, with “net and certain debts, whether or not registered as active debt and constituted against the original creditor by the debtor Public Treasury”.
The compensation was done automatically and was judged unconstitutional. Several arguments were identified, such as violation of res judicata, contradictory and broad defense, as the party would have its right to credit frustrated without participating in this procedure, violation of the effectiveness of jurisdiction, frustrating the receipt of credit recognized by the Judiciary with res judicata and violation of equality.
The Union claims that similar problems occur in article , §, also mentioning a violation of legal certainty and proportionality. All of this reinforced because the forecast would have been inserted as a way of reducing the effects of the ceiling on the payment of court orders.
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