Precatories: Government institutes “the default of the default of the default”
Precatories: At the famous weekly poker table, a player lost out of financial difficulties and gave a check to pay debts.
The player came back in the next week and won pretty well. At the end of the gambling he warns his accomplices: “Check out, I don’t accept!” This judgment before the stunt very well illustrates the position of the Brazilian government.
Last week the minister of ports and airports, Márcio França, said when he had a meeting with Minister Fernando Haddad that “the government’s instruction was not to accept the use of Pricarty to pay grants”.
The explanation was a preview of what should come. Yesterday, a week after the interview, the Federal Government raised General Scholar’s Standard Act (AGU), which regulated admission to the preforation.
It turns out that the use of pricaration for this purpose is expressly intended in the constitution, with full effectiveness and self -emptiness. To better understand Imbroglio, we go back a little in time.
Precoratory is the title for those who have won a specific case against the state. This means that the citizen motivates the state, wins, but only one day he gets the right. Hypothetically.
In 2021, the government passed the 114th constitutional change in view of a highly paid account, which issues the most important payment order that briefly authorizes the liquidation of these securities whenever it wants. Standard standard.
In order to alleviate the effects of this new rule, the congress passed a further constitutional change that allows you to pay at least debts that taxpayers have at your debtor – for example, when paying public service and receiving tax debts.
The idea was, of course, to give the material a minimum level of fluid ability. Then a decree (in which the President of the Republic was involved) and a decree of the Federation General Prosecutor was issued. But Brazil is a game of old surprises.
Disgusted by the well-considered, unrealistic statement, which was put into force with the abolition of the AGU regulation, the federal government has disclosed an illegal position in the federal constitution. Standard standard as standard.
Representatives of the Brazilian state cannot warn against deliberately disregarding the constitution. This flirts dangerously with barbarism. The alleged justification of the minister was very strange.
In his opinion, it is better to forbid that “other companies that have not participated in the competition said: ‘If I know that I would use precorative, I used precortation.” “Preparation is not something today Wins, there is something that wins in a year, something that wins from now on. ”
This means that the minister assumes stupidity to the special players who brag about concessions. In addition, you and your consultants probably don’t know the constitution. In order to protect stupidity and misunderstandings, he therefore decides to ignore the constitution.
In addition to insulting collective intelligence, the restrictions proposed by Minister Marcio Vrana are another chapter in the long history of actions that affect Brazil’s credibility in external or internal investors.
Those who work in the daily life of the topic know the preliminary refusal of paying concessions and the embarrassment of using them even when completing larger tax transactions (with wild cancellation procedures presented by AGU Surprise).
Minister France’s declaration at least has the merit to show that non -compliance with the legal norm is the politics of the state, which enables a clear discussion of the problem. Follow the “rule of law” and contracts have no ideology.
It is enough to see that both the former and this government turned another round in the virtual screw that circles with every revolution of Brazil and approaches Argentina. It remains to pray the fair for legal certainty and to remind you of the happy warning of Milon Fernandez: “Brazil has a great past in front of it.”