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Pension Fund Amendment Advances Deadline to February 1 and Could Delay Payments by Up to a Year; OAB Promises Action in Supreme Court Against ‘Official Default’

Written by Bruno Teles
Published on 11/09/2025 at 01:33
Updated on 13/09/2025 at 10:59
A PEC dos Precatórios mudou a data-limite de inscrição no orçamento para 1º de fevereiro, o que significa que milhares de credores terão de esperar um ano a mais para receber, ampliando ainda mais os atrasos já históricos de estados e municípios.
A PEC dos Precatórios mudou a data-limite de inscrição no orçamento para 1º de fevereiro, o que significa que milhares de credores terão de esperar um ano a mais para receber, ampliando ainda mais os atrasos já históricos de estados e municípios.
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Change in the PEC of Precatórios Reduces Registration Deadline, Lengthens Creditor Queue, and Leads OAB to File Action with STF Against What It Calls “Official Default”

The approval of the PEC of Precatórios had a direct impact on the payment schedule of judicial debts of the Union, states, and municipalities. The new text brings forward to February 1st the deadline for registration in the budget, which may mean additional delays of up to 12 months for creditors who are already facing long waiting lines.

According to lawyer Elizelton Reis Almeida, a specialist on the subject, this advance acts as a fiscal maneuver by the government to ease the treasury but shifts the cost to citizens who have already won their cases in court. The OAB reacted strongly, promising to file an action with the STF to try to overturn the measure.

Who Is Affected by the PEC of Precatórios?

Before the change, pre-determined credits registered until April 1st entered the budget of the following year.

Now, only those registered until February 1st will have this guarantee.

This means that those who register the precatório after this date will only receive starting in 2027, accumulating a full year of delay.

For lawyer Elizelton Reis Almeida, thousands of creditors who have been waiting for decades will see the queue extend even further, especially in large centers like São Paulo, where the accumulated debt is considered unpayable without restructuring.

How Long Do Delays Last?

The scenario is alarming.

The municipality of São Paulo has already accumulated 15 years of delay in the payment of precatórios, which could now reach 30 years.

The State of São Paulo, which had already been waiting 12 to 13 years, may exceed two decades of default.

These numbers show the “snowball” effect: the shorter the registration deadline, the greater the accumulation of debts outside the budget and the further away the real perspective of payment in life for many creditors.

Where Does OAB’s Reaction Come In?

The Brazilian Bar Association classified the PEC of Precatórios as “an official default”.

The entity announced that it will file a Direct Action of Unconstitutionality (ADI) with the STF, alleging violation of acquired rights and disrespect for final judicial decisions.

Lawyer Elizelton Reis Almeida reminds us that, although it is rare for the STF to immediately suspend a constitutional amendment, there are precedents: since the 2000s, five amendments related to precatórios have been overturned by the Court.

Why Does the Precatório Market Already Feel the Effects?

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The impact of the PEC of Precatórios is not limited to the Judiciary.

The market for buying and selling these titles has also been affected. Companies have stopped acquiring precatórios from the municipality of São Paulo, fearing even larger delays.

Despite this, federal and state precatórios continue to attract buyers, but with stricter conditions and significant discounts.

For many creditors, selling early continues to be a more advantageous option than facing a queue that could exceed 20 years.

For lawyer Elizelton Reis Almeida, the response depends on the creditor’s profile.

Those who can wait may still seek judicial means with a chance to recover the full amount, but those who need the money immediately end up resorting to the parallel market, accepting steep discounts.

In summary, the PEC of Precatórios was presented as a fiscal adjustment, but in practice, it extends the wait for millions of citizens and reinforces the risk of a series of defaults.

Now, the dispute moves to the STF, where it will be up to the judiciary to decide if the amendment violates basic constitutional principles.

And you, do you believe that the PEC of Precatórios is a necessary measure to balance public accounts or a disguised default against those who have already won in court? Leave your opinion in the comments — we want to hear from those living this in practice.

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Bruno Teles

Falo sobre tecnologia, inovação, petróleo e gás. Atualizo diariamente sobre oportunidades no mercado brasileiro. Com mais de 7.000 artigos publicados nos sites CPG, Naval Porto Estaleiro, Mineração Brasil e Obras Construção Civil. Sugestão de pauta? Manda no brunotelesredator@gmail.com

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