ANÁLISE DA DÍVIDA PÚBLICA DE PRECATÓRIOS E SUA JUSTIÇA CONFORME A TEORIA DE JOHN RAWLS

Abstract

John Rawls' theory of justice, initially set out in his work “A Theory of Justice”, is based on the principles of equality and difference, generating important reflections on the structure of society and its Constitution. The precatórios, created on a constitutional basis in Brazil, aimed to organize and impersonalize payments of the Public Treasury originated by judicial decisions. However, its constant changes and excessive number of rules made them a complex issue and encouraging bad public administrators, who construe the institute as a way to delay their debts forever. The public debt is always in the news, and new amendments to the Constitution aiming to defer payments are under analysis in the National Congress. This article, after discussing the Rawlsian theory and judicial orders, whants to understand if whether court orders carry out John Rawls' principles of justice, based on equity, being an appropriate institute for the purposes of impersonalization and organization of the public budget. The way the Brazilian Public Treasury payment system is currently structured, with frequent delays and unpaid debts for decades, court orders do not comply what is prescribed by the Rawlsian theory of justice as equity, because the practical effect of the precatório on living conditions of creditors and, as a result, of society as a whole.