Efetividade dos prazos e penalidades a luz da E.C Nº. 62/09.

Abstract

The precatory is the way found by the Brazilian legal system so they could be fulfilled, observed the laws, judicial decisions res judicata condemning public bodies to pay sums in cash. That prerogative is characterized by being an extremely lengthy procedure that allows the Government to pay those debts over a period of time extenso.Hodiernamente the payment of judicial system is governed by Article 100 of the Federal Constitution. This article was recently amended by Constitutional Amendment n° 62/2009, which brought major changes to the system of payment of the writ, among them provisions that establish deadlines for compliance with the court, and addressed to the penalties involved in paying precatorios.Neste the way, this scientific work arises from the need to verify whether these changes particularly those relating to the period and the penalties, brought to its content mechanisms to ensure the effectiveness of related dispositivos.Vale noted that the choice of theme is because of concern that hangs over the faithful execution of writ of payment for the establishment of balance in order juridica.Sendo that, to achieve the objectives proposed in this study was used as research techniques, the hypothetical-deductive method, the history and literature and documental.Apos comparative analysis of the concept and effectiveness of the devices mentioned, it was concluded that despite the intention o f the legislature to edit the EC No. 62/2009 in order to facilitate payment of the writ, your modifications touxeram solutions that produce subjective restrictions on the rights of creditors, without ensuring the effective and practical production o f the effects sought (enforcement of judicial decisions).