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New São Paulo Decree Guarantees Retirees and Creditors Over 60 Years, People with Disabilities, and Those with Serious Illnesses the Possibility of Receiving Precatórios Up to 10 Years in Advance, Reducing Discount to Only 20%.
The Issue of Precatórios has always been marked by long payment queues, often extending beyond a decade. Now, a new decree from the State of São Paulo (69,325, of January 22, 2025) has brought relief to a specific group: retirees and creditors over 60 years, people with disabilities, or serious illnesses can advance amounts with a fixed discount of 20%, regardless of the date of issuance of the title.
According to lawyer Elizelton Reis Almeida, this measure represents a legal and social victory, as it reduces by half the discount applied on recent precatórios, which reached 40%, and ensures liquidity for those who need it most.
What Changes with the São Paulo Decree
The decree created a progressive discount table: 20% for precatórios until 2015, rising to 40% for titles issued in 2022 and onward. This rule would apply to all creditors in chronological order. But the highlight is in paragraph 1 of article 5, which establishes a single discount of 20% for retirees and priority creditors, even on recent titles.
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In practice, a creditor with a precatório of R$ 100 thousand could receive R$ 80 thousand upfront instead of waiting 10 years.
This anticipation is especially important for the elderly and those with serious illnesses, who often cannot afford to wait for full payment.
Why Retirees and Creditors Are the Biggest Beneficiaries
Brazilian legislation already provides for priority in the payment of precatórios for people over 60 years old, the disabled, or those with serious illnesses, as per article 102 of the ADCT.
The São Paulo decree broadens this right by allowing agreements with reduced discounts.
This means that these creditors gain “double priority”: they receive ahead of the regular queue and still with a lower fixed discount.
For the state, the advantage lies in better organizing the budget flow, settling debts with predictability.
Impact on the Precatórios Market
The precatórios market moves billions throughout Brazil. Labor courts, such as TRT-15, are already holding conciliation rounds with similar discounts, and states like Rio Grande do Sul are seeking to eliminate their liabilities by 2029. The Union, in turn, is discussing the PEC 66, which could change the method of federal payment.
However, the São Paulo case stands out because it creates a fixed and fair parameter for retirees and priority creditors, setting a precedent that could be followed by other states.
Risks and Necessary Cautions
Despite the advantages, experts warn of some critical points. The public sector faces a high deficit and gross debt exceeding 77% of GDP, which may lead to changes in future rules.
Additionally, fraud related to the assignment of precatórios continues to be investigated, necessitating heightened caution from creditors.
Those who do not fall under the São Paulo decree or have federal precatórios still depend on the credit assignment for selling the title to third parties, with variable discounts.
In this case, it is essential to negotiate only with reputable companies and avoid suspicious offers.
The possibility of advancing precatórios up to 10 years with a reduced discount of 20% represents a significant advance for retirees and vulnerable creditors, who can now access values that are often essential for their livelihood.
And you, do you think it is fair that only this group has access to the lower discount, or do you believe that the measure should apply to all creditors?
Leave your opinion in the comments and participate in this debate that affects thousands of Brazilians.
O Governo do Estado de São Paulo está dando o exemplo claro de que é possível pagar predatórios com desagio menor e em menor tempo. O Município de São Paulo poderia seguir esse exemplo e demais municípios paulistas. Parabéns à essa iniciativa do Governo Paulista.