Execução contra a fazenda pública: a nova sistemática de atualização dos débitos (precatórios) ante a declaração de inconstitucionalidade parcial da Emenda n° 62/2009

Abstract

This study aims to delineate the concept of Precatory, the form of payment your debts through institute Precatory and finally, how to materialize the process of implementation as well as stays of execution, regarding the update monetary installments of such declaration of unconstitutionality before the Constitutional Amendment nº 62/2009. The nuance between the Treasury and the Process Execution will be examined. It will scrutinize the definition of the debt security and the innovations brought by Constitutional Amendment nº 62/2009, to then make considerations despite the direct actions of unconstitutionality (ADI's). This paper tries to ascertain how will the update public debts, given the new methodology to be applied, the application of new index instead of the reference rate (TR). Finally, cites, besides the aforementioned concepts, doctrines and relevant jurisprudence, seeking acclimatise interested in this as to the due performance of duties to be performed to the detriment of the Treasury, especially with respect to creditors.