The possibility of payment of debts of public farm accountability with individuals is a reality, especially in cases of high amount. However, as in all business, observation of legal requirements and legal advice are necessary measures.

In addition to guiding and advising the client, the contracted professional may assist in negotiating guarantees with the scope of curing the default, reducing the possible losses arising from Mora.

In this line, in the recent judgment of the extraordinary appeal 764,481 / RS, before the STF, we obtained the recognition of the constitutionality thesis of the "warranty clause" which has been provided for in parceling contracts signed with the municipalities.

Better explaining, in this "Leading Case", there was stated that the contractual provision called "Guarantee Clause" (Discount of the Provision, in case of default, directly in the account of receipt of the credits of the participation of the municipality and ICMS), disposed of interventism signed between the parties and a financial institution (public administration, creditor and bank) does not violate Article 167, item IV, cf.

With this, the concessionaires of the electricity distribution service may, in addition to parting the debts of the public farm (consumption of paid light), make use of the "warranty clause" and, consequently, inhibit default and Losses of Mora (debited to society), since, since, when not voluntarily pay the provision, the concessionaire may require (based on the warranty clause and in the term of intervention), the discount (debit) by the financial institution in the municipality.

It is the recognition of an important mechanism for fighting for default, so.