OAB afirma que PEC de Precatórios é inconstitucional e, se aprovada, haverá judicialização
A Proposta de Emenda à Constituição (PEC) dos Precatórios é inconstitucional, afirmou nesta quinta-feira a advogada Tathiane Piscitelli, da Comissão de Direito Tributário da Ordem dos Advogados do Brasil (OAB) Nacional. Segundo ela, o texto pode inclusive atingir cláusulas pétreas da Constituição, chocando-se contra direitos e garantias individuais.
A PEC ofende o ato jurídico perfeito, a coisa julgada e o direito adquirido, disse ela. Essas teses já foram reconhecidas pelo Supremo Tribunal Federal (STF).
“Vai haver judicialização desse tema”, alertou. Para Piscitelli, o parcelamento do pagamento dos precatórios gera insegurança jurídica e perda de credibilidade do país, ao sinalizar que o governo não arca com dívidas juridicamente reconhecidas e não honra ato jurídico perfeito. É, além disso, a repetição de uma fórmula já rechaçada pelo STF.
Ela também atacou a “retórica” em torno da PEC. O parcelamento, disse, é justificado como algo necessário para uma gestão fiscal responsável. Algo que ela considera “duvidável”, pois as premissas estão equivocadas.
Em outros momentos em que o Congresso autorizou o parcelamento do pagamento de precatórios, foi para atender a Estados e municípios para os quais seria impossível pagá-los. “Não estamos diante da mesma situação fática”, afirmou.
Primeiro, porque o Executivo já tinha conhecimento dos precatórios e do...
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