O direito fundamental à alimentação e a precedência dos precatórios alimentares: a efetifidade da prestação jurisdicional nos Juizados Especiais da Fazenda Pública a partir da EC 99/2017

Abstract

This research aims to discuss the fundamental right to food and the precedence of food precatories, under the analysis of the effectiveness of the jurisdictional provision in the Special Courts of the Public Finance - Constitutional Amendment (EC) 99/2017, with focus on the compatibility of the current payment system for precatory letters. The focus is, in particular, the guarantee of the fundamental right to food, and the precedence of food precatories in the order of payments determined by courts, instituted by EC 30/2000, maintained by EC 62/2009 and treated by EC 94/2016. The deductive method was used, based on the premise of the study of Constitutional Amendment nº 99, of December 14, 2017, as well as of several authors who work on the researched theme. Thus, the type of research used was bibliographic, with consistent exploratory research, especially in the appreciation of the doctrine, as well as the existing legislation on the subject. Thus, it was added to the list of debts of a food nature with preference, in addition to the original holders, the holders by hereditary succession and people with disabilities, according to the law. The current problem consists in verifying whether, from the new system of payment of precatories regulated by EC 99/2017, the Special Courts will be able to guarantee the precedence of food credits payment, in order to assure the fundamental right to food, considered in the role exercised by the Special Courts, regarding the guarantee of the constitutional principles of free and effective access to justice. Due to this legal process, as well as the reasonable duration of the process and above all the procedural speed, the objective of this paper is to analyze the performance of the Special Courts, regarding the guarantee of the precedence of food payment from the operational point of view in order to verify the effectiveness or not of the fundamental right to food, according to the New Precatories Payment Regime, established by EC 99/2017. It is a fully, justifiable and enforceable right, bearing in mind the principle of human dignity to represent the essence and the normative basis of the right to food and, consequently, the payment of food debts in the first place.