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Change to the Constitution Regarding Precatórios Reduces Correction to “Inflation + 2%”, Imposes Cap of 1% to 5% of Revenue and Takes Effect on September 9, 2025.
The new change to the Constitution has been approved by the Senate and will take effect on September 9, 2025. According to lawyer Elizelton Reis Almeida, the alteration directly affects precatório creditors, as state and municipal governments will be able to allocate only between 1% and 5% of their annual revenue to settle judicial debts. Furthermore, the adjustment will no longer be done by the basic rate of interest and will instead be calculated by “inflation + 2%,” reducing the growth of credit over time.
In practice, those waiting for precatórios can expect to spend much more time in line and receive corrected amounts at significantly lower levels.
This measure has already been nicknamed by jurists and media outlets as the “PEC of Default”.
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Who Is Affected by the New Rule
The new change to the Constitution applies to debts of the Union, states, Federal District, and municipalities.
This means that both INSS precatórios and those from state and municipal administrations will be corrected by the new formula and subjected to the payment cap.
According to lawyer Elizelton Reis Almeida, the impact is more severe for states and municipalities with a large stock of judicial debts.
Municipalities that already owe 100% of their revenue, for example, will be able to pay only 5% per year, which pushes the waiting period to 20 to 30 years or even longer.
How Correction Calculations Will Change
Before the new change to the Constitution, precatórios were corrected by the basic rate of interest, resulting in annual yields that could reach double digits.
Now, with the “inflation + 2%” formula, if the annual inflation is at 5%, the correction will be only 7% per year — less than half of what it was before.
This cut means that the amount the creditor expects to receive loses purchasing power during the years of waiting. Elizelton Reis Almeida warns that this difference can represent billion-dollar losses across the country, especially for those relying on these resources as compensation for accidents, delayed pensions, or unpaid salaries.
Where the Impact Will Be Greater
The new change to the Constitution imposes tiered payment percentages, depending on the size of the debt in relation to the entity’s revenue.
If the delayed debt is up to 15% of the revenue, the annual payment may be limited to just 1%.
The percentage gradually increases, reaching 5% for those who owe more than 85% of the revenue.
In practice, a municipality that collects R$ 100 million and has R$ 15 million in precatórios will only be able to pay R$ 1 million per year.
As new titles are issued annually, the waiting line tends to grow rather than shrink.
Why the Change Was Approved
According to Elizelton Reis Almeida, the justification presented by the governments is fiscal relief.
By limiting payments, states and municipalities can preserve more resources for investments and public services in the short term.
However, this choice shifts the burden to the creditors, who will have to wait decades to receive in full what is owed to them.
For experts, the practical effect is a snowball of judicial debts, as the correction will be lower and the annual payments insufficient to reduce the stock.
Is It Worth Seeking Alternatives?
The new change to the Constitution has already led many creditors to seek other options. Among the possibilities are:
- Direct agreement with the government, accepting a discount in exchange for early payment.
- Sale of the precatório in the secondary market, a common practice for federal and state credits, although with risks of scams.
- Litigation in the Supreme Federal Court (STF), which may analyze the constitutionality of the measure, as it has done in previous cases.
According to Elizelton Reis Almeida, these alternatives should be evaluated with caution, as they involve financial losses or long waiting periods.
The new change to the Constitution represents a setback for precatório creditors, who now face rigid payment limits and lower correction.
With the cap of 1% to 5% of revenue and the switch from interest to the formula “inflation + 2%,” the wait tends to extend for decades, reducing the real value to be received.
And you, do you believe that the new change to the Constitution is necessary to balance public accounts, or do you think it unjustly harms those who have won against the government in court?
Leave your opinion in the comments — we want to hear from those living this reality in practice.
Esses politicos seja de direita ou esquerda sao uma **** para o povo..bando de desgraçad@os…10 anos esperando um processo ser julgado..vc ganha e tem q esperar mais 10 anos para receceber e sem os juros corretos. Em 2026 o povo tem nao votar em todos os deputados q assinaram essa pec da desgraç@
É uma sacanagem com o credor do Estado, que tem seu direito violado, e mesmo depois de longos processos judiciais, ainda ficará sujeito a décadas de espera para recebimento do seu crédito, lamentável.
São caloteiros..foi dinheiro do meu salário que deixaram de pagar..O estado é um caloteiro..Exige de nós pagamentos de impostos altíssimos etc……Vá você deixar de pagar um empregado ou uma dívida..Vou morrer e não vou receber meu precatorio..