Enacted on September 9, 2025, Constitutional Amendment 136 introduced significant changes to the precatório regime, directly impacting the Federal Government, states, the Federal District, and municipalities.
At the federal level, precatórios will no longer be counted within the primary expenditure ceiling starting in 2026, creating fiscal space and, in principle, reducing the risk of payment freezes. From 2027 onward, part of the outstanding stock will gradually be reintegrated into fiscal targets.
For states and municipalities, the amendment establishes mandatory percentages of net current revenue to be allocated toward payments and authorizes the refinancing of pension-related debts in up to 300 installments.
Among the key practical changes:
- The deadline for including precatórios in the budget has been moved forward (from April 2 to February 1);
- Late interest is suspended between February 1 and December 31 of the year following submission;
- A new method for updating values: IPCA + 2% per year, capped at the Selic rate.
Despite being presented as a fiscal balance measure, the amendment is already facing criticism and legal challenges before the Supreme Court (STF), particularly regarding the reduction in correction indices and potential impacts on payment flows.
📌 Why does this matter? The changes have practical effects for creditors, investors in judicial credits, and companies with claims against public entities. Understanding EC 136 is essential to protecting rights and defining litigation and advisory strategies.
