PRODEUS, E. E.; PORDEUS, Elisabeth Estrela.
Resumen:
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.
