Abordagem jurídica sobre os débitos de pequeno valor na execução contra a fazenda pública.

Abstract

The theme proposal lens the importance of the debits of small value in the Execution against Public Finance, that it presents a swift and differentiated processing of the precatorio system. The scientific research bases on the theoretical study of the competent doctrine, it consults to the jurisprudence and, mainly, the legislation homeland to check him/her credibility juridical, associated the constant updating originating from of the Internet. This way, the research approaches the concept of Public Finance in his/her wide sense, the form of processing of the judicial collection of the passive debt since the old times to the current days, mentioning to the constitutional innovations and the important alterations in CPC. He/she stands out, still, the constitutional procedure for the subsequent payment of the precatorio, while judicial request done to the administrative authority so that it includes in his/her budget determined importance to be paid off according to chronological order of presentation. It is verified, through the research that the famous precatorio started to represent a serious problem for the creditors fazendarios that several years passed without any perspective of reception of their credits, in reason of the privileges checked the public beings. Like this, it is noticed that, with the intention of rescuing the credibility and the effectiveness of the judicial decisions appeared in the Brazilian juridical ordenamento, through the Amendment Constitutional no. 20/1998 the precatorios dismissal for the credits of small value. Later the Amendments of no. 30/2000 and 37/2002 came to increase important innovations, representing a conquest highly expressive for the citizens, above all, the most lacking, once not depending more on the unjust traditional precatorio, Public Finance is officiated, through the System of Requests of Small Value (RPV), to accomplish their obligations in the period of sixty days, under penalty of having their public budgets kidnapped until the limit of the debit. Like this, it is verified that the new institute of the debits of small value makes possible, now, a larger credibility to the Brazilian juridical system, turning him/it more present, swift and the disposition of the parts of the procedural relationship, rescuing the effectiveness of the judicial decisions and assuring the Justice to the concrete case.