São Paulo (MP-SP) authorized the payment of a new one to the salaries of the São Paulo prosecutors, who, for some of them, will result in an extra amount of about $ 1 million.
The institution determined that around will be entitled to receive, retroactively, the equivalent of ten days of for each month worked, in the 103 months counted from January 2015 to August 2023.
The law would be due to the non -payment of “overhaul for collection”, a benefit paid to members of the institution who worked with an extra load of processes (collection) beyond the regular quota.
The idea is that prosecutors and prosecutors who had to take care of more processes than they should, doing extra job, are rewarded by the larger load.
Extra represents a third of salary in these months.
The requirements that establish what is regular load and what is extra load, however, are not clear. The resolution of what makes this distinction last May says that the classification obeys “qualitative and quantitative criteria, considering, whenever possible, the official reports of the institution”, among others.
The criteria adopted in practice allowed 2 out of 3 members of the institution to receive extra payment. The Public Prosecution Service has about 2,900 members, including active and inactive, according to the agency’s transparency portal.
The confirmation of the extra payment is in a letter that circulated internally in the MP-SP last Monday (3), distributed by the Attorney General, Paulo Sérgio de Oliveira and Costa, to members of the institution.
The document reports that calculations on the amounts due were completed, but for the period from 2015 to 2023. There is a second period of calculation, from September 2023 to November 2024, which is still in production. Prosecutors and prosecutors should also receive extra values for this second period.
A Sheet He questioned the institution about the total amount that the payment of the new pendurical will represent for the public coffers and how it will be done, but had no answer. The amount, according to estimates of a member of the institution’s Superior Council, should exceed R $ 1 billion – would vast between R $ 400 thousand and R $ 1 million per promoter.
In a statement, the agency reported that “there is no disbursement forecast at the moment. The transfer will be made in a graduate, gradually, according to budget availability.”
The decision for the payment of the pendurical follows a recommendation made by the CNMP (National Council of the Public Prosecution Service) in May 2022, which guided the heads of regulating the right to compensation for assumption of procedural collection.
The federal recommendation was born of a procedure in the CNMP created on the wake of a decision of the (National Council of Justice), September 2020, which established the same benefit to magistrates, creating a waterfall effect.
According to the understanding of the Federal Supreme Court, benefits of this nature are indemnity, as they are compensation for extra services. Therefore, they are not understood as a salary and can be out of calculating the salary ceiling of the functionalism.
Prosecutors from São Paulo already receive monthly payments that exceed the salary ceiling, thanks to other payments that can also be out of the ceiling following the STF criteria.
The average net income of prosecutors and prosecutors was, last year, R $ 58.5 thousand per month. The wage ceiling of career promoters is R $ 37,700; that of prosecutors, of R $ 39,7 thousand.
According to interlocutors, even aware that the granting of the new penduricanho could attract criticism to the Attorney General chose to determine payments to prevent measures adopted in the federal spheres in the future could cease this right to the category.
One of the fears is that judgments that can still occur in the Supreme Court or even changes in federal law on the salary ceiling of functionalism restricted promoters’ access to these values.
It has stated it to colleagues that there are no resources for immediate payments or for the amounts to be transferred to prosecutors at once.
Payment would occur upon availability in cash, in installments.
MP-SP has a budget of R $ 3.7 billion for this year, 21% higher than what had been approved for 2024.
In addition, it has under its management a special fund of its own that has special balance of expenses with a budget of about R $ 300 million, according to the institution.
“It is also important to emphasize that the right recognized at about 1,900 members of the Public Prosecution Service, as has already occurred with other legal careers, is based on current legislation and was chancelled by the control bodies, such as the National Council of the Public Prosecution Service (CNMP ) and the National Council of Justice (CNJ), strictly following the constitutional command of symmetry with other careers, “said the MP-SP, in a statement.
