Proteção jurídica da dívida pública e suas implicações

Abstract

This study aims to comprehend the treatment afforded to public debt by the domestic legal framework, seeking to answer the question of what constitutional and legal treatment is offered to public debt. An investigation was conducted to determine whether there is a protectionist relationship in favor of debt payment, based on the hypothesis that protection exists at both constitutional and legal levels. To address the research problem, a deductive method was employed, drawing on the analysis of various doctrinal works. The theme was critically analyzed and articulated with public interest. To this end, an understanding of the normative definition of debt and its historical evolution in the Brazilian context was provided, followed by an analysis of the implications of protecting public debt service, particularly regarding the displacement of public financial resources that could be employed to meet social demands for debt service. The conclusion reached is that there is robust protection for debt service payment, both within the 1988 Federal Constitution and in the legal sphere. Such protection constitutes a veritable shield safeguarding debt payment during both budget preparation and execution, precluding contingency measures. Thus, an alarming situation has been revealed: social priorities have been relegated to secondary status, while creditor debt payment is prioritized.