"Calote PEC" will affect more than 4,000 INSS court orders
IN THE AREA OF SÃO PAULO AND MATO GROSSO DO SUL (TRF-3) THERE ARE 2,524 COURT ORDERS OVER R$ 455 THOUSAND
The project of installment payment of the Union's debts, which has been called the "default PEC" by critics, will also reach policyholders of the National Social Security Institute (INSS) who have won lawsuits against the autarchy and are entitled to receive amounts over R$ 455 thousand in court orders. In Brazil, at least 4,619 social security and assistance processes fit this profile, according to the balance sent to EXTRA by three Federal Regional Courts. These amounts refer to reviews of pensions, sick pay, pensions and other benefits.
And how will this installment be done? According to the proposal, these debts will be paid in ten years as follows: a down payment of 15% of the amount owed by the Federal Government and the remainder in nine annual installments.
"The installment payment will affect the payment of many INSS policyholders who have been waiting for a long time for a court decision. The highest value orders are exactly those that have been waiting for the longest time", explains Adriane Bramante, president of the Brazilian Institute of Social Security Law (IBDP) .
Adriane says that she represents an elderly person, now 70 years old, and the case against the INSS has been in progress for more than 20 years. This is one of the cases of payment via precatório that will exceed the amount of R$ 455 thousand.
"It is not because its value exceeds R$ 455 thousand that its value can be negotiated. He has been waiting for more than 15 years for this money to redeem the loss he had with the denial of his right to the INSS", explains Adriane .
And concludes: "This insured had all the possible setbacks in his process and now he will be even more harmed by this installment payment".
across the country
Every year, the Federal Justice Council (CJF) releases the amounts for the Federal Regional Courts to settle these social security debts of the Union. Last June, R$9.68 billion were allocated to settle 68,111 cases, with 94,955 beneficiaries across the country.
In the TRF-2 area alone, which covers Rio de Janeiro and Espírito Santo, there are 4,112 social security/assistance orders, benefiting 6,619 people. The total value of these court orders is R$728,614,001.79. In Rio de Janeiro alone, there are 2,879 court orders, with 4,633 beneficiaries. Of this total, 616 processes have values above R$ 455 thousand.
In the São Paulo and Mato Grosso do Sul area (TRF-3) there are 2,524 court orders over R$ 455 thousand. Another 13,732 are below this value. In the South, an area of the Regional Court of the 4th Region, 1,479 court orders are worth R$ 455 thousand.
In the area of the Court of the 5th Region (Alagoas, Ceará, Paraíba, Pernambuco, Rio Grande do Norte and Sergipe) R$ 6.41 billion were allocated to 60,578 beneficiaries. On court orders above R$ 455 thousand, the TRF informed that "the Subsecretariat of Court Orders of the TRF-5 does not have this information."
Sought, the TRF-1, which covers the Federal District, Minas Gerais, Goiás, Tocantins, Mato Grosso, Bahia, Piauí, Maranhão, Pará, Amazonas, Acre, Roraima, Rondônia and Amapá), did not report the total number of court orders that pass the amount subject to installment payment. R$ 2,257,021,756.99 social security/assistance orders were allocated to settle 16,434 cases.
Installment rules
The PEC sent to Congress creates installment rules. The first includes what the government calls "superprecatory", debts in excess of R$ 66 million (one thousand times 60 minimum wages). This rule covers 47 precatoria and will be a permanent norm.
The second rule is valid until 2029. The norm limits the total expenditure on court orders to a percentage of 2.6% of the current net revenue (available to spend) accumulated 12 months before the requisition of court orders, which usually occurs in June. It's a way of delimiting how much can be paid in a year. By this rule, only court orders below R$ 455 thousand will be paid in cash. In this case, 8,771 court orders will be paid in installments.
The new rules, if approved, should only be valid for payments from 2022.
"The values for 2021 are already in the budget forecast. Payments in excess of 60 minimum wages (R$ 66,000) were issued on June 30th," explains lawyer Guilherme Portanova.
Change in correction
The proposal sent to Congress also changes the index that corrects government debts recognized by the Justice (precatório). Since 2019, after a decision by the Federal Supreme Court (STF), monetary correction in cases in which citizens have credits receivable from the Public Treasury is indexed to the Special Extended National Consumer Price Index (IPCA-E), explains Emerson Lemes, director of the Brazilian Institute of Social Security Law (IBDP).
To calculate this index, it is necessary to take the 12-month accumulated IPCA (8%) and add the savings account interest (3.675% per year), which can bring the rate to almost 12% per year. But, if Congress approves the PEC, all court orders will be corrected by the Selic (basic interest rate), which is at 5.25% per year. The market's most recent estimate is that the Selic will end 2021 at 7.25% per year.
For Portanova, the government's proposal is a violation of the acquired right. He assesses that, even if the PEC is approved in Congress, it may be barred by the courts.
"This change in the payment of court orders is unconstitutional", says the lawyer.
google images source
source writing https://economia.ig.com.br/2021-08-11/pec-calote-precatorios-inss.html
Comentários
Postar um comentário