Execução contra a fazenda pública: a cultura do descumprimento dos precatórios.

Abstract

To achieve its official mission to eliminate conflict and ensure justice in the Brazilian Civil Procedure, it is necessary to overcome the obstacles that experience shows to be constantly threaten the quality of their final product. The long delay in carrying out judicial protection has thwarted rights, wronged individuals and demoralized the public authorities, especially the Judiciary. The delay in the procedural action is certainly one of the largest, if not the largest, the difficulties experienced by those who resort to the judiciary. The rules that impose obligations to the treasury have mitigated their attributes of Inalterability and Coercivity, closer to the moral standards only because, once the obligation by governmental agencies, the system means there is no effective remedy to the crisis which establishes a result of not attending to the normative command that is extracted from that rule of conduct. Therefore, this research has the scope to describe the lack of effectiveness in the implementation of judicial protection against the Public, addressing in particular the Office of precatory, which often become impagaveis. For the unfolding of this work was the method used exegetic-legal. The study has become, because through research and reflective readings and management of bibliographic material: doctrine, the Federal Constitution and civil procedural law, was conducted through the theoretical and systematic method. We used also the comparative method, which was conducted a study of some alien laws. In the course of this work was felt the absence of adimplemento of precatory by the Public Power, motivated by factors that are legal, political and social. Thus, the authority to not to pay for precatory not only evade a statutory duty, but affects the tripartite balance of powers that should therefore coexist independently and harmonica, and proclaims the second article of the Constitution. Thus, the non-payment of precatory means the breach of the Constitution of the Republic, lawfully promulgated by the National Constituent Assembly on behalf of the Brazilian people.