In November 2022, the federal Executive issued Decree No. 11,249 to regulate a mechanism that the Constitution had created the previous year through Constitutional Amendment No. 113. The decree addressed the procedure for offering certain and determined credits arising from final court judgments, as provided in § 11 of Art. 100 of the Constitution.
The federal government could have called this operation by the name any taxpayer would use: compensation. However, it preferred the term "encontro de contas," a seemingly cosmetic choice that organized the entire procedure that followed.
The decree, in its Art. 1, contemplated both the interested party's own credits and those acquired from third parties. Art. 3 determined that the use of these credits occurs through encontro de contas.
What the decree did not do is also informative. It made no reference to the compensation declaration and did not invoke Art. 74 of Law No. 9,430/1996, which is the rule governing traditional compensation.
