The STF (Supreme Federal Court) formed a majority to release part of the hangings that had been blocked in March by the court itself, in the decision on the super salaries of judges and members of the Public Ministry.
Based on this understanding, the payment of additional payments such as unused vacations, court shifts, bonus leave and retroactive funds already recognized before the thesis established by the court is authorized. The trial takes place in a virtual plenary session until next Tuesday (30).
The ministers Alexandre de Moraes, Flavio Dino, Cristiano Zanin and Gilmar Mendes presented a joint vote this Friday (26) and were followed by the president of the STF, Edson Fachin. The minister Luiz Fux voted this Saturday (27), largely agreeing with his colleagues, and was followed by minister Dias Toffoli.
Unlike the rapporteurs, for whom payments should be limited to 35% of the server’s monthly salary, Fux defended that there is no such ceiling, nor any temporal restrictions. He understands that compensation is an acquired right and, therefore, must be passed on in full.
Even with this specific divergence, there is a majority to authorize the payment of retroactive funds that were previously suspended, as long as the CNJ (National Council of Justice) has verified the legality and regularity.
The ministers voted, for example, to authorize the payment of up to 30 days of accumulated judicial shifts, that is, days of compensation for which were not used due to lack of permission from the court. This conversion of the benefit into additional funds had been prohibited by the STF in March.
What is being judged are appeals filed by the PGR (Attorney General’s Office) and by entities of judges, members of the Public Ministry and Audit Courts, which ask for the resumption of benefits.
Although a majority has already been formed, the decision only has formal validity when the trial is completed. Minister Cármen Lúcia and ministers André Mendonça and Kassio Nunes Marques still have to vote.
The ministers who have already spoken out defended the immediate implementation of the so-called five-year period, a bonus to enhance career seniority and which, every five years, increases civil servants’ salaries.
This Friday’s vote foresees that the funds will be released even for retired and pensioners who meet the prerequisites, a point that had been questioned by trade associations. As a result, magistrates’ salaries can exceed the ceiling by up to 70%.
The ministers also defended that a bonus should be maintained for the cumulative exercise of jurisdiction, when the judge or judge works in more than one district or function. This amount had already been authorized by the STF’s March thesis.
The National Justice Inspectorate, of the CNJyou must present within 30 days a list of previous funds whose legality and regularity were verified. The recovery of liabilities will depend on an audit, formal identification, regularity control and a referendum by the STF plenary.
The only aid recognized by the vote was that of healthwhich gives magistrates and members of the Public Ministry the right to reimbursement for health expenses. The amount is not subject to the ceiling. However, childcare and food allowances were not recognized.
Approved in March, the STF’s thesis prohibited additional aidfoodhousing and compensation for collections. Others remain permitted as long as they respect the 35% ceiling, such as daily allowances, allowances in case of promotion and retroactive amounts recognized by judicial or administrative decision.
In April, the CNJ unanimously approved the regulation of the limit of restrictions on members of the Judiciary. However, the document recreated a series of benefits that had been extinguished in the STF’s thesis, in addition to allowing part of the additional benefits to remain outside the 35% limit, contrary to what the Supreme Court predicted. The resolution was signed by Fachin.
