O Que É Requisição de Pequeno Valor? (com exemplo)

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QUESTÃO CERTA: Situação hipotética: João, José e Maria ingressaram, em litisconsorte facultativo simples, com ação de cobrança contra a União. A demanda foi julgada procedente e a decisão transitou em julgado, tendo a União sido condenada a pagar quarenta salários mínimos a cada uma das partes, de modo que o valor da condenação totalizou cento e vinte salários mínimos. Assertiva: Nessa situação, o pagamento poderá ser realizado via requisição de pequeno valor (RPV).

“Se a Fazenda Pública for condenada a pagar dinheiro, deverá o pagamento ser feito, em regra, por meio de precatório.

Se a quantia for considerada como de “pequeno valor”, não haverá necessidade de precatório.

Caso a condenação tenha decorrido de uma ação proposta por litisconsortes ativos, o “pequeno valor” para fins de dispensa do precatório será considerado individualmente para cada litisconsorte, não devendo ser somada a quantia devida a todos.

Assim, ao contrário do que alega a Fazenda Pública, o fracionamento do valor da execução, em caso de litisconsórcio facultativo, para expedição de requisição de pequeno valor em favor de cada credor, não implica violação ao art. 100, § 8º, da CF/88.”

STF. Plenário. RE 568645/SP, Rel. Min. Cármen Lúcia, julgado em 24/9/2014 (repercussão geral) (Info 760).

QUESTÃO CERTA: Considerando-se o entendimento do STF quanto à fixação de valores para pagamento de débitos judiciais pelos municípios por meio de requisição de pequeno valor (RPV), é correto afirmar que ao município é: lícito fixar o valor, desde que atendidos o princípio da proporcionalidade e a capacidade econômica do ente federado.

PRECATÓRIO.

É o nome que se dá a um documento de ordem judicial que formaliza valores totais acima de 60 salários mínimos ao beneficiário em débito da Fazenda Pública (termo geral que engloba a U, E, DF, M, Autarquias e Fundações públicas). Esses débitos recaem sobre esses órgãos públicos em decorrência de condenação judicial; A Fazenda Pública deve fazer a inclusão no orçamento, do dinheiro necessário, para esse pagamento; O precatório só pode ser iniciado quando a ação judicial não comporta mais qualquer tipo de recurso.

REQUISIÇÕES DE PEQUENO VALOR (RPV)

É uma das modalidades de requisição de pagamento de determinada quantia a Fazenda Pública que foi condenada em processo judicial, para valores totais atualizados igual ou inferior:

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a) 60 salários mínimos, perante a Fazenda Federal;

b) 40 salários mínimos, ou outro valor definido em lei local, perante a Fazenda dos Estados ou do DF, valor que, no Estado de Roraima, é de 25 salários mínimos;

c) 30 salários mínimos, ou outro valor definido em lei local, perante a Fazenda dos Municípios, valor que, no caso do Município de Boa Vista, é de 15 salários mínimos.

A requisição de Pequeno Valor só pode ser iniciada quando a ação judicial não comporta mais qualquer tipo de recurso.

RPV = REQUISIÇÃO DE PEQUENO VALOR

UNIÃO = 60 s.m

ESTADOS/DF = 40 s.m

MUNICÍPIOS = 30 s.m

Inf. 760 do STF: O pequeno valor é considerado individualmente em caso de litisconsórcio ativo facultativo.

Inf. 890 do STF: Os Estados/DF e os municípios podem fixar valor referencial inferior ao do art. 87 ADCT, desde que respeitado o princípio da proporcionalidade.

QUESTÃO ERRADA: Considerando-se o entendimento do STF quanto à fixação de valores para pagamento de débitos judiciais pelos municípios por meio de requisição de pequeno valor (RPV), é correto afirmar que ao município é: é lícito fixar o valor, podendo este ser menor que o valor correspondente ao maior benefício do regime geral de previdência social.

Fundamentação: Art. 100, § 4º, da CRFB/88: Para os fins do disposto no § 3º, poderão ser fixados, por leis próprias, valores distintos às entidades de direito público, segundo as diferentes capacidades econômicas, sendo o mínimo igual ao valor do maior benefício do regime geral de previdência social.

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