Dos precatórios: estudo jurídico da sua efetividade como direito de cidadania e a institucionalização na construção social dos direitos humanos

Abstract

The present research has as its theme the analysis of the precatórios, in which a legal study of its effectiveness as citizenship right and the institutionalization in the social construction of human rights, in the new system of payment of the precatórios were carried out. In carrying out this research, the deductive method was used, starting from the premise of the study of Constitutional Amendment no. 62, on December 9, 2009, and also research conducted with authors delimiting on the subject under study. In this way, the type of research used was bibliographic, with a consistent exploratory research, especially in the appreciation of doctrine, legality and Brazilian jurisprudence, as well as in the analysis of the legislation related to the subject. In all, it was presumably to note that the condition of execution against Public Treasury, also known as precatórios, has long been debated, and for a long time renowned doctrinators, as far as possible, has been studying ways to perfect this execution nature. As a result of this intermittent search for improvement in this institute, the Brazilian legislature has shown exits that, in practice, have led to an insufficient result, and in a more chaotic situation, reflect in a way antagonistic to the desired, worsening the situation of the Public Treasury and, consequently, of its creditors. In the scope of Constitutional Amendment no. 62/09, it had a great impact in all this study, where it led to believe that the main purpose of the legislator, consubstantiated in the solution regarding the delay in payment of these credits, which, as we well know, is very far from being solved.