Efetividade dos regimes especiais de gestão e pagamento de precatórios: estudo de caso do Estado da Bahia, Município de Salvador e Município de Camaçari

Abstract

This paper aims to analyze the special regimes of management and payment of court ordered debts, carrying out a case study of the State of Bahia, the Municipality of Salvador and the Municipality of Camaçari. To this end, the methodology consisted of the qualitative analysis of indebtedness, origin of the municipal debt by branch of the Judiciary, measurement of growth or reduction of each type of debt and whether the criteria of the special regimes of court-ordered debt have reached the balance between the reduction of indebtedness and the continuity of public activity. Surveys by the National Council of Justice and the collection of norms produced in the municipalities that deal with the subject were used. The evolution of the composition of the stock of court-ordered debt payments in the State of Bahia, the Municipality of Salvador and the Municipality of Camaçari in the period from 2018 to 2023 was evaluated. It was subjected to scrutiny as to whether the continuous extensions of moratoriums and special regimes constitute suspension of the original constitutional regime of court ordered debt payments by temporary legislation witha vocation to permanence. The results show that although the amounts paid are increasing, in general the debt increases even more. The extension of the deadline until December 2029 has meant that not even the "service" of the debt is being paid. The main factor in debt reduction has been direct agreements. The special regime needs to be refined in order to achieve its constitutional objectives. A better public governance of court orders is needed, and the prosecutor's offices have a role to play