In a decision regarding a case of Sergipe, the National Corregedor of Justice, Minister Mauro Campbell Marques, determined that penduricals paid to magistrates must have a maximum limit, established by him at R $ 46,300, equivalent to the ceiling of civil service.
According to the (National Council of Justice), although the decision on this maximum extra amount (which adds after the fixed salary) is aimed at the Sergipe Court of Justice, has no binding effect and is subject to appeal, it must “inspire the adoption of identical measures by all courts.”
“Payment of any functional liability, either in isolation or cumulative, regardless of its remuneration or indemnity nature, may not exceed monthly the aforementioned amount [R$ 46,3 mil]”Wrote the corregedor.
Authorizations granted by the CNJ and from 2020, allowing to exclude various compensation funds from the calculation of the ceiling of the functionalism, have boosted the payment of penduricals to magistrates across the country.
Through union entities that lobby for judges and judges, the cuts have accepted theses that magistrates would be entitled to extra payments to indemnify excess work.
In Sergipe, the case was a lawsuit filed by the Court of Justice to release an additional for length of service to the State Judges, requested by the Local Magistrates Association.D
The CNJ did not give details about the parameters used by the Corregedor to establish the limit of hanging payments at R $ 46,300 – which may be added to the magistrates’ own salaries, who have the same roof.
“The limitation established in the decision was based on the payment of retroactive amounts the remuneration ceiling of the civil service. This decision was made to establish an objective criterion,” the agency said in a statement.
Although, in practice, he has allowed payments in one month to be equivalent to the sum of two salary ceilings, the value would still be lower than that practiced in cuts in the country.
In São Paulo, for example, in January this year, 2,436 of the 2,644 judges and judges received a net payment of over R $ 100,000, with salaries and hangers.
Last year, considering only the period between January and November, the average payments of São Paulo judges.
For FGV professor and researcher at INCT Qualigov and ENAP (National School of Public Administration) Rafael Rodrigues Viegas, adopting a maximum limit for payments besides salary does not solve the central problem: the distortion of the constitutional ceiling.
“The CNJ, instead of curbing these payments, has legitimized practices that surround the legislation, allowing the judiciary to advance the public fund. This immediate policy of creative funds replaces the legitimate search for salary recomposition,” he says.
The researcher also evaluates that it is not the role of the CNJ to define such criteria. “The limit should be established by the legislature, not by the CNJ, which goes beyond its competence by defining criteria for retroactive payments. In addition, if there is a limit, it cannot be so high that it is emptying the function of the constitutional ceiling, making it merely symbolic.”
Congress discussed at the end of last year the creation of boundaries for supersalaries. A proposal was even presented by the team of Minister Fernando Haddad (farm) at PEC (proposal for amendment to the Constitution) of the spending cut, approved in December, but was taken from the final text.
She predicted that indemnity payments would have to be created by a national complementary law, in order to standardize and give transparency to these payments.
Both the government and left and right parliamentarians want to resume the theme this year.
The expectation that limits will be created to block the granting of penduricals is encouraging the categories of the judiciary to guarantee new benefits, in the evaluation of researchers of the theme heard by the report.
In Sao Paulo, once again, a decision from the January prosecutor, which recognized backwards of more than $ 1 million to each prosecutor, had as its background the fear that current rules would change ,.
