The São Paulo Public Prosecutor’s Office published at the end of January a standard that formalizes the count of undergraduate internship and postgraduate law to obtain hangs paid by the agency.
From the understanding made official, the internship carried out in the direct public administration of any state, that is, even outside the MP-SP, is true to obtain a premium license that is paid to the servers.
Already the internship specifically done in any public prosecutor of the country or the Court of Justice and the Public Defender’s Office of São Paulo also counts, in addition to the premium license, to obtain the five-party and sixth part (additional for time of service).
The rules were published in the same period when, as shown the Sheetthe MP-SP that, in some cases, can result in an extra amount to servers of about $ 1 million.
The premium license grants 90 days of paid rest every five years, and 30 days can be converted into cash payment.
The five -year -old, also called the length of service, gives a 5% readjustment in the server’s salary every five years of effective exercise, continuous or not.
The sixth part foresees a readjustment on 1/6 in the salary of the server that completes 20 years of effective exercise.
The position adopted by the MP-SP about the stages is that it occurs in relation to the São Paulo functionalism in general, where no internship time is counted to obtain any of the hangers, even if it has been done in state organs.
A Sheet He also consulted the advisors of the public ministries of the other four largest states in the country. With the exception of Rio de Janeiro, which did not respond, Minas Gerais, Bahia and Paraná said they did not allow the internship time count.
The position of the São Paulo body coincides with the, which decided on the basis of an internal procedure to facilitate the granting of the same hangers (premium license, five-year and Friday), allowing their servers to use eventual length of service outside the state state functionalism-in Union, in municipalities or other states.
Both the Public Defender’s Office and the Public Prosecution Service are permanent and independent institutions, with the first the legal advice and the defense of the most needy and, to the second, the defense of the legal order, the democratic regime and the public interest.
Sought, the MP-SP said that the internship time count-even outside the body-to obtain the premium license has been allowed since 1993, the year of the publication of (Complementary Law 734/1993).
Article 90 of this state law states that the period of exercise in the internship function will be considered length of service for all purposes.
However, why he decided to publish 30 years later the internal administrative assets-about the use of internship time and what the reason for servants to go to court so that they could use this time, MP-SP advice said that publications aimed to “standardize understanding, both based on the law article and based on court decisions.”
Regarding legal proceedings, he said only that “actions were filed in specific cases”.
The agency said it did not know how many servers were or will benefit from the measure, saying that the information “would require longer research time”.
In the recent case of retroactive salary penduluts, the MP-SP determined that about 1,900 prosecutors and prosecutors will be entitled to receive the equivalent of ten days of salary for each month worked 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 confirmation of the extra payment consisted of a letter that circulated internally in the MP-SP, distributed by, Paulo Sérgio de Oliveira and Costa, to the members of the institution.
In a statement, the agency said there is no disbursement forecast at the moment and that the transfer will be made “in a graduate, gradually, according to budget availability”.
