SP court hits the table and does not explain – 05/02/2025 – Conrado Hübner Mendes

by Andrea
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The magistocracy never lost. Magistocrats passed unharmed the other attempt by the Brazilian state to submit the most expensive judiciary of contemporary democracies to a grain of financial decency.

During discussion of the amendment proposal (PEC 45), he launched his atomic weapon: argumentative terrorism. In the judge class, threatened:

“Forty percent of the magistrates have retirement requirements and, if PEC is approved, many may choose to retire.” “This situation will open the need for replacement, resulting in higher costs.”

The spectrum of mass retirement had neither empirical ballast, nor political dignity. It was just a kicked number of magistocratic mathematics. And won.

After the 40 -day recess, between December 20, 2024 and January 31, 2025 (not counting two months of vacation), they returned to work. THE Sheet reported that the to pay for his hangers. And revealed that the average remuneration of São Paulo judges.

The TJ-SP replied in a note full of bad mood and bad smell. Accused. He said the “Special Expenses Fund” pays “vacation compensation, premium license, aid”. That “in no way harms the deposit holders”. The resources, on the contrary, would come “for the benefit of the entire population, by expanding and improving the judicial activity”. A pedaling by the public interest. At the cost of R $ 2.6 billion.

He did not say a letter about the legality of interest on other people’s resources. It would be “narratives that undermine an” dedicated “institution to compliance with the law.

Society would like another note. In it, we ask for three things: first, respect for our discernment and the desired “honorability” of the court; second, written without self -eloys or aggressions; Third, something that can be called a legal argument based on data. Anyway, an polite and intelligent note, without hitting the table, without molecage.

Avoid calling compensation what is conceptually remunerative and, legally, subject to ceiling and tax payment. The deliberate confusion between remuneration and compensation is destroying what they have learned in the books. This and other constitutional scam techniques are known in classrooms.

They no longer commit the well-known moralistic fallacy, which derives a “being” of a “must-be” that mixes the existence of a fact with the existence of a norm. In other words: the norm that establishes the duty to respect the ceiling is not proof that “judges and judges rigorously respect the ceiling.” Reports show violation in numbers. Do not respond with budgetary negationism.

If they can not appeal to the statement that their day is more exhaustive than any Brazilian worker, or that they are more studied, hardworking and important, we thank elegance. Nor to the idea that salary besides the law prevents judicial corruption. Do you understand contradiction?

Take the opportunity to clarify how much the recent “retroactive compensatory license” that fell into the account of São Paulo magistrates cost. We are not “coordinated, irresponsible and defamatory attacks.” We just asked for explanation.

Grateful.


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