Post by account_disabled on Mar 7, 2024 3:28:25 GMT
This Monday at the Palace of Justice met the president of the Court of Justice of São Paulo Ivan Sartori the coordinator of the Department of Precatório of the TJSP Venício Antonio de Paula Salles the president of the OABSP Public Debt Commission Flávio Brando and members of the technical area of the court order sector of the State Attorney General's Office to look for solutions to speed up the payment of court orders in the state of São Paulo. The participants agreed that the biggest problem to be faced is the creation of a registry that discriminates between each creditor.
The OAB representative stated that the entity's Federal Council should file a direct action of unconstitutionality against state Decree which provides for the holding of auctions for courtordered payments in São Paulo.
“The Court does not have a register of creditors and each person’s credit. Before talking about an auction it is necessary to define the people and the credits. You cannot hold an auction without knowing who the bidder is” said Brando. According to the lawyer there is also uncertainty regarding the amounts to be paid as legal fees. On February th the topic should be discussed again between the OAB and the State BTC Number Data Attorney General's Office.
Since with the approval of Constitutional Amendment state courts have become responsible for payment of court orders. However the benefits intended by the amendment have come up against a series of bureaucracies and technical details as recalled by judge Venício Salles from TJSP. For him there are two problems related to the lists the first is the omission of municipalities that do not send them and the second is the different computer languages used which makes it difficult to create a single consolidated list. Venício Salles points out that creating the list by creditors is a difficult job given that there are court orders that belong to up to thousand creditors.
Without the consolidated list said the judge the state's intention to carry out precatório auctions is undermined. “If the state of São Paulo wants to hold auctions immediately it cannot as no one knows exactly who the creditors are or the exact amounts of the debt.”
The State Attorney General Elival da Silva Ramos told ConJur that for the state organizing a list by creditors is very difficult due to the number of court orders that the state has. He recalls that when payment was the responsibility of each state the list by creditors was made only after payment was released. “If the state stopped payments to make the list it would take more than a year just to make lists. As of Amendment in which payments became the responsibility of the Judiciary it is the Judiciary who must deal with drawing up the list” he said. He however guaranteed that even though it is not the task of the PGE the body will collaborate in its preparation.
The OAB representative stated that the entity's Federal Council should file a direct action of unconstitutionality against state Decree which provides for the holding of auctions for courtordered payments in São Paulo.
“The Court does not have a register of creditors and each person’s credit. Before talking about an auction it is necessary to define the people and the credits. You cannot hold an auction without knowing who the bidder is” said Brando. According to the lawyer there is also uncertainty regarding the amounts to be paid as legal fees. On February th the topic should be discussed again between the OAB and the State BTC Number Data Attorney General's Office.
Since with the approval of Constitutional Amendment state courts have become responsible for payment of court orders. However the benefits intended by the amendment have come up against a series of bureaucracies and technical details as recalled by judge Venício Salles from TJSP. For him there are two problems related to the lists the first is the omission of municipalities that do not send them and the second is the different computer languages used which makes it difficult to create a single consolidated list. Venício Salles points out that creating the list by creditors is a difficult job given that there are court orders that belong to up to thousand creditors.
Without the consolidated list said the judge the state's intention to carry out precatório auctions is undermined. “If the state of São Paulo wants to hold auctions immediately it cannot as no one knows exactly who the creditors are or the exact amounts of the debt.”
The State Attorney General Elival da Silva Ramos told ConJur that for the state organizing a list by creditors is very difficult due to the number of court orders that the state has. He recalls that when payment was the responsibility of each state the list by creditors was made only after payment was released. “If the state stopped payments to make the list it would take more than a year just to make lists. As of Amendment in which payments became the responsibility of the Judiciary it is the Judiciary who must deal with drawing up the list” he said. He however guaranteed that even though it is not the task of the PGE the body will collaborate in its preparation.