Retired Union goes to court against the PEC dos Precatórios – 11/08/2021 – Grana

This Monday (8), Sindnapi (National Union of Retirees, Pensioners and Seniors of Força Sindical), Força Sindical and the CNTM National Confederation of Metallurgical Workers) will file a lawsuit in the STF (Superior Federal Court) against the PEC dos Precatórios, which has already been approved in the first round of the Chamber of Deputies.

The main request of ADPF (Action for Non-Compliance with Fundamental Precept) will be to withdraw from the PEC the precatórios of Social Security, avoiding a possible default on INSS (National Social Security Institute) policyholders.

The action questions the feeding nature of the INSS precatories and the fact that they exist due to an error in the initial granting of the social security benefit. “The value of the precatório was already to be consolidated in the monthly benefit received. However, it was necessary to file a lawsuit to have its right recognized, which ends up generating a more significant sum to receive at once. We’re talking about alimony and of a large mass of retirees indebted to be able to meet the expenses not only of their people, but of their families”, says the note from Sindnapi.

The PEC dos Precatório is seen as essential by the Bolsonaro government for the payment of the Brazil Aid, but it has generated fear of default among creditors and the market. To date, the federal government has never delayed or failed to pay INSS arrears. The money goes into the creditor’s account within two years of the court’s payment order.

The PEC is negotiating to extend the payment term for all federal court orders, without making any distinction between food items, as is the case with INSS arrears. The government intends to establish an annual payment ceiling, being R$40 billion in 2022 of the R$89 billion that were foreseen for next year’s payments. The court orders that are not issued within the ceiling will remain to be paid in subsequent years.

The economy, according to the Bolsonaro government, will be used to fund the social program that replaces Bolsa Família as of November 17th. The union members affirm that “they are in favor of the benefit of R$ 400, destined to 20 million Brazilians who are hungry in our country, we even understand that this amount is not enough to satisfy the hunger and misery of the Brazilian people. But, the Government ends Bolsa Família. It proposes an assistance benefit with a duration of only one year, widening the electoral bias of the same and, in addition, wants to give a default on retirees and pensioners who only have a greater amount to receive from the INSS because they were victims of errors of the public administration itself”.

In the action against the PEC dos Precatório, the unions also question why only R$ 40 billion will be spent on the payment of precatório, while the federal government claims that it intends to save R$ 90 billion.

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