“My mother wanted to have her while she was alive.”

Status of court orders

Regulating federal court orders helps the economy. When the government pays the amounts owed, the money goes back into circulation, helping the country's economy, said Gisèle Kravcin, president of the IBDP (Brazilian Institute of Social Security Law).

Although there is a time period for payment, state and municipal court orders still face delays. In case of delay, no penalty is imposed, only interest is charged for the late period. Eduardo Gouveia, Chairman of the OAB-RJ Precatório Committee, stated that the Precatório issue needs to be resolved once and for all. The solution varies according to the situation in each state.

[Nos estados e municípios] The delay is more than two years and has been a snowball that has been going on for some time. We have made some progress with the issuance, but there are still delays and difficulties in receiving payments.
Giselle Kravshin, President of IBDP

Regulating the payment of court orders provides greater legal certainty. This is because it is possible for businesses and individuals to purchase court orders and be sure they get credit. With delays, the chances of purchasing these resources decrease. “There is a lack of legal security,” says Gouveia. “Public debtors are creating regulations to provide legal security.”

Cases must be resolved out of court. To reduce the number of judicial courts, the problem of payments owed to citizens outside the framework of justice must be solved, says Marco Antonio Innocenti, partner at Innocenti Advogados and head of the Precatório Study Committee at the IASP (Institute of Lawyers of São Paulo). This way, without going to court, the process will be faster and less expensive for everyone involved.