Ministers of the STJ and TST may receive retroactive five-year periods

by Andrea
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Additional, which represents a 5% increase in remuneration every five years, will also be allocated to retirees and pensioners; release of payments is subject to budgetary and financial availability

Marcello Casal Jr/Agência Brasil
While the TST’s resolution has already been published, the STJ’s is still awaiting publication

Ministers of the Superior Court of Justice () and the Superior Labor Court () who were entitled to the five-year period until its extinction in 2006 will be able to receive the amounts that have not been paid since then, respecting the limit established by the Constitution. This additional amount, which represents a 5% increase in remuneration every five years, will also be intended for retirees and pensioners. The release of payments is subject to budgetary and financial availability. The Additional Time Service (ATS) for ministers who have acquired rights was approved through administrative resolutions.

While the TST resolution has already been published, the STJ resolution is still awaiting publication, but should benefit magistrates who already held positions in 2006. In the TST, ministers will be entitled to retroactive payment since 2006, including monetary correction and late payment interest. On the other hand, in the STJ, retroactive payment should not be made, although this issue is being analyzed by the Federal Supreme Court (). The administrative resolutions aim to reinstate the payment of the five-year period to Federal Court magistrates who had already incorporated this portion into their rights.

The decision of the Federal Justice Council (CJF) on the payment was approved and later released by the National Justice Council (CNJ). However, the Novo party questioned this decision through the Allegation of Failure to Comply with Fundamental Precepts (ADPF) 1108, which is under the rapporteur of Minister Cristiano Zanin. The judgment on the matter was suspended after a request for a review from Minister Gilmar Mendes.

*Report produced with the help of AI
Published by Fernando Dias

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