A court order is the request for payment of an amount resulting from a lawsuit that the Public Entity (Union, state, municipality, its autarchies or foundations) was sentenced.

The request for payment of the court-order is forwarded by the execution judge to the president of the Court. Requests received at the Court by July 1st of a year are assessed as court orders, updated on this date, and included in the budget proposal for the following year. The court orders assessed after this date will be budgeted on July 1st of the following year, and included in the subsequent budget proposal.

Yes. Court orders are divided into two categories: the common court-order debt or the one related to the food industry; each category has a specific payment rule. The common court order is defined by the type of lawsuit and compensation, such as taxes and expropriations, for example.

Any natural or legal person who wins a case against one of the Public Entities and their autarchies, after the final decision, that is, after the Justice has given the plaintiff a definitive victory in the cause.

The credit can be satisfied by the so-called small value requisition (OPV) or small value requisition (RPV). As a general rule, the value of the RPV/OPV is defined in the Federal Constitution in article 87 of the ADCT (Transitory Constitutional Disposition Act); therefore, if no local legislation determines minimum wages for municipalities, 40 for states, and 60 for the Union. It is worth noting that states, cities, and the Federal District are free to set their limits on values for RPV/OPV. The only rule is that the amount is not less than the Social Security ceiling.

Abbreviation for Small Value Requisition or Small Value Obligation. As well as the court-ordered debt payment, the RPV against the Public Treasury is the formalization of the request for payment of a certain amount that the government owes to those who won a lawsuit. The difference between the RPV/OPV of court-ordered debt payment is the value of the conviction, whose reference is stipulated at the municipal, state, and federal levels. In addition to the prescribed amount, another difference between the court-ordered debt payment and the RPV/OPV is the period determined by the Court for making the payment. In the case of the RPV, after the filing with the State Attorney General’s Office, the debtor entity has 90 days to complete the judicial deposit in the process.

The requisition letter (a letter issued after the judicial conviction of a Public Entity and its autarchies to an individual or legal entity) is sent to the president of the respective Court by the judge in the process. The court-ordered debt payment is an obligation of payment by the government to a creditor, and each court-ordered debt payment issued has its own numbering, in chronological order, the so-called issuance of the court-ordered debt payment, known as EP. From the date of issuance, the Courts are able to insert the credits in the list of the court-ordered debt payment.

Payments of court-ordered debt payments obey an order provided for in the Constitution. The court-ordered debt payment is automatically generated from the court-ordered debt payment dispatch number (called EP). Two orientations are observed in the court-ordered debt payment queue: the order of preference and the chronological order. The elderly (over 60 years of age), people with severe, chronic, or perennial illnesses, and people with disabilities have a preference for the payment of court-ordered debt payments. Once the preferential court-ordered debt payments have been paid, it is time for the food court-ordered debt payment to be paid, respecting the chronological order (from oldest to most recent). Finally, the queue of cour-ordered debt payments of other species is activated, also observing the chronological order.

The value of the court-ordered debt payment is deposited in a single judicial account managed by a specific department of the local Court of Justice (in São Paulo, it is DEPRE – Departamento de Precatórios – Court-Ordered Debt Department), which informs the financial institution and also the process about the amount and their respective creditors. The bank arranges for the opening of judicial accounts, placing them at the judge’s disposal. The lawyers are responsible for passing on the value of the court-ordered debt payment to their clients/beneficiaries. Once the regularity of the beneficiaries has been verified, the judge issues the withdrawal permit, which is presented to the bank by the lawyers as an authorization document for the compensation of the amount.

Yes, receiving the court-ordered debt payment in advance at the state level is possible, but with a discount. The anticipation is made by agreement with the Attorney General’s Office. These agreements may be effective while the authorization given by Constitutional Amendment 109/2021 is in force (valid until December 31, 2029). There is also the possibility of assigning municipal, state, and federal credit. This anticipation can be made by the individual/legal holding the court-ordered debt payment.

Requests for an agreement to anticipate the court-ordered debt payment began on December 4, 2017, and will be accepted while the authorization given by Constitutional Amendment 109/2021 is in force. The term of the Amendment runs until December 31, 2029, and may be extended. Remember that the request for an agreement must be made through the representation of a specialized lawyer. We are at your disposal if you would like to speak with our lawyers about the deal.

Companies usually assign court orders in order to pay taxes. However, the assignee company will never be able to benefit from the food court-ordered debt payment preference rule for the elderly people or the seriously ill ones.

These are the two phases of any process. The knowledge phase is the first stage of the process, where the right is identified, the defense is presented, and the claim is judged. Once the request is upheld, the execution phase begins, that is, the phase for calculating the amount for issuing the court order.

The so-called “execution phase” starts after the knowledge phase. Public servants have their rights certified in the fulfillment of the obligation to do by the Public Treasury. These rights will appear monthly in the payslip from then on. This administrative procedure takes time, as it is passed on to several Secretariats. Once the apostille of the plaintiffs has been completed, the Public Entity’s defense informs the judge to proceed. The next stage is the obligation to pay the arrears. It is up to the Public Administration to pass on the calculation sheets, with the monthly amount that the civil servant did not receive in previous years. With the amount in hand, the lawyer presents it to the judge, who determines the total to be paid to the creditor to then execute the amount of the arrears. Based on these values, the court-ordered debt payment or the RPV/OPV will be issued.

There is no specific deadline, but requests from the order of preference (the elderly, people with diseases, and people with disabilities) are observed with priority by the magistrate. Once the document is signed, it is withdrawn and filed with the financial institution. It can also be done via electronic transfer (TED) to the bank account indicated by the lawyer, from then on; the deadline for the effective deposit can be made in approximately 10 working days.

According to the dictionary, diligence is “interest or care applied in the execution of a task”. But within the universe of Law, the meaning of due diligence is a specialized and careful audit. This term refers to an in-depth process of studying, analyzing and evaluating information about a company. This process aims to diagnose the state of the asset and/or the company in various aspects: financial, tax, and liabilities in general. At the end of the due diligence, it is possible to identify the real situation of the asset and/or company in question. To find out more, please contact us.

Yes, heirs are entitled to receive court orders, as long as they regularize the procedural representation in the records, where the court order is in process. Therefore, it is necessary to enable all heirs in the process so that they can receive the credit of the court-ordered debt payment or RPV/OPV.