O CNJ (National Council of Justice) It reaffirmed the understanding that, in case of death of the creditor, it is up to the judge responsible for the process that recognized the right to the precatory decide on the destination of the value.
The decision took place at trial in virtual session in response to the consultation made by lawyers. The request was made to clarify aspects related to the procedural succession of creditors.
In the consultation, the lawyers questioned whether, in the face of proof that the value of the precatory was made available in a judicial account and the presentation of the public deed of inventory, it would be possible to conduct the survey directly, or if it would still be necessary to promote the qualification of the heirs before the Court of Execution or to the Coordination of Precations of the competent Court.
On this point, the counselors stressed that, as it is procedural succession, the decision is exclusively the judge of execution, not being attributed to the presidency of the body responsible for the precatory to assess such matter.
According to the annual map of CNJ precatory, until December 31, 2024, the total amount of pending payment by the Union, States, Federal District and Municipalities reached approximately R $ 311 billion.
