The minister of the Federal Supreme Court suspended on Monday (10) a decision of the TJ-MG (Minas Gerais Court of Justice) which released the payment of retroactive food allowances for the period prior to 2011. According to the rapporteur, there is a context of “unacceptable all-valley” in pretensions of the judiciary’s career.
According to him, by express constitutional determination, the career of the judiciary is national and governed by his own law of initiative of the Supreme Court.
“This is a fundamental guidance to avoid abuse, as it has routinely been reported about ‘supersalaries’ payments. Even’ Christmas food allowance ‘has already announced, exactly in the face of this context of intended and unacceptable’ “All,” he said.
The minister also said that it is currently not possible to identify what is the remuneration ceiling effectively practiced in the payments of legal careers and what is really compensation funds, which can be left out of the calculation of the ceiling.
“Today it is rigorously impossible for anyone to identify which ceiling is effective, which portions are paid and if they are really indemnity, such is the multiplicity of payments, with the most varied reasons stated (isonomy, ‘collection’, compensation, ‘sale’ of benefits etc) “he said.
In the present case, the AGU (Advocacy General of the Union) filed an appeal against a judgment of the Second Appeal Panel of the Special Courts of Minas Gerais confirming the first sentence to recognize the payment of food allowance to a judge between 2007 and 2011 .
The measure was based on a 2011 resolution of the (National Council of Justice), according to which the entire judiciary is entitled to the same rights and advantages as members of the Public Prosecution Service.
The AGU took the issue to the Supreme and stated that the measure is not provided for in the law governing the judiciary, Loman (Organic Law of the National Judiciary). “In fact, he sought to treat members of the judiciary with prosecutors without law he authorized,” he said in the appeal.
Dino stated that the decision is not in accordance with the jurisprudence of the Supreme himself. According to the summary cited by the rapporteur, it is not up to the judiciary, only based on the principle of isonomy, to increase salaries of public servants.
According to the minister, the idea of isonomy is also not enough to justify “infinite demands” of legal careers, “preventing organization, congruence and predictability in the remuneration system regarding such public agents”.
Dino also stated that there is no resolution of the CNJ any forecast for “backwards” prior to 2011.
In December, the Lula Government (PT) proposal to create almost immediate. Against PEC 45, which is part of the government’s spending cutting package.
The Federal Constitution bares the payment of salaries in amounts higher than the ceiling of the functionalism, which is equivalent to the salary of the Supreme Ministers. In 2024, this ceiling was $ 44,000.
In January, the Sheet revealed that the São Paulo Court of Justice in 2024 the expenses for paying additional benefits, the so -called penduricals, to their 380 active judges.
Over the past year, the average remuneration of these magistrates was $ 75,000 per month.
Report of Sheet It also showed that pendurichers guaranteed ministers of the TST (Superior Labor Court) in December, according to CNJ data.
In the last day 3, the president of the Supreme Court, said that or motivated for lack of understanding of the work of judges.
“We are against all kinds of abuse, and the National Court of Justice, led by Minister Mauro Campbell Marques, is attentive. But it is necessary not to overvalue criticism that are often unfair or fruits of the misunderstanding of judges,” he said.
