Post by account_disabled on Mar 5, 2024 23:09:53 GMT -5
The Brazilian Bar Association delivered, on Thursday to the Federal Supreme Court a memorial listing the biggest problems caused by the delay in judging Direct Unconstitutionality Action , ADI questions the legality of Constitutional Amendment /, nicknamed the "PEC of default".
The rule created a special regime for the discharge of court orders, a modality whose debt owed by municipalities and states reaches an estimated R$ billion. They were given two options: pay the debts in installments over years or allocate % to % of their net current income to pay them.
The memorial was intended for minister Luiz Fux, who in BTC Number Data the ADI trial, which began in October , requested a view after minister Ayres Brito, rapporteur of the process, voted for its unconstitutionality. The document, signed by the president of the OAB Federal Council, Ophir Cavalcante Júnior, was delivered by the president of the Council's Public Creditors Defense Committee, Flavio de Souza Brando.
“We are experiencing legal and legislative uncertainty at its peak says the text. “If this Excellency Praetorium takes time to conclude the trial of the unconstitutionalities of Amendment – which has already been in force for two and a half years – or does not resolve the vicissitudes of judicial execution against the public authorities, Brazil will be doomed to be internationally known as the country of public default.
The OAB defends that the Union issues debt securities with a maturity of years and uses them to purchase court orders. In this way, it would guarantee the transfers, becoming a creditor of the states and municipalities, and would give them more time to settle their accounts. Brando hopes that the governors will suggest this solution at the meeting they will have with President Dilma next Friday (/) to discuss investments and a small tax reform.
“The uncertainty regarding precatório reaches the past, present and future, and the need for a definitive, practical and enforceable solution so that the fixed values (…) reach their legitimate holders, heirs or successors is evident”, concludes the memorial . “In the hands of Your Excellencies will be the guidance to a future of respect for the citizen, the Constituted Powers and the preservation of the democratic Rule of Law.
The rule created a special regime for the discharge of court orders, a modality whose debt owed by municipalities and states reaches an estimated R$ billion. They were given two options: pay the debts in installments over years or allocate % to % of their net current income to pay them.
The memorial was intended for minister Luiz Fux, who in BTC Number Data the ADI trial, which began in October , requested a view after minister Ayres Brito, rapporteur of the process, voted for its unconstitutionality. The document, signed by the president of the OAB Federal Council, Ophir Cavalcante Júnior, was delivered by the president of the Council's Public Creditors Defense Committee, Flavio de Souza Brando.
“We are experiencing legal and legislative uncertainty at its peak says the text. “If this Excellency Praetorium takes time to conclude the trial of the unconstitutionalities of Amendment – which has already been in force for two and a half years – or does not resolve the vicissitudes of judicial execution against the public authorities, Brazil will be doomed to be internationally known as the country of public default.
The OAB defends that the Union issues debt securities with a maturity of years and uses them to purchase court orders. In this way, it would guarantee the transfers, becoming a creditor of the states and municipalities, and would give them more time to settle their accounts. Brando hopes that the governors will suggest this solution at the meeting they will have with President Dilma next Friday (/) to discuss investments and a small tax reform.
“The uncertainty regarding precatório reaches the past, present and future, and the need for a definitive, practical and enforceable solution so that the fixed values (…) reach their legitimate holders, heirs or successors is evident”, concludes the memorial . “In the hands of Your Excellencies will be the guidance to a future of respect for the citizen, the Constituted Powers and the preservation of the democratic Rule of Law.