AGU presses and gets R $ 6 million of lawyers fees

by Andrea
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Ministry claimed, in a letter to the board responsible for managing these values, that he needed computers to deal with their demands

The (General Advocacy of the Union) pressed – and it achieved a donation of R $ 6 million from the Council that manages the resources of the so -called “succession fees” of public lawyers. The holder of the portfolio is lawyer Jorge Messias.

Successful fees are amounts paid by those who lose an action to the winning lawyer. Public lawyers also receive this value.

The request was sent on February 28 to the CA (Curator Council of attorney’s fees). Read the order (PDF – 123 KB). On the same day, it was published in the DOU (Official Gazette) and will be valid for 2 years.

The AGU produced a technical note detailing what it intends to do with the nearly $ 6 million. They will be purchased, according to the document, computer appliances. Read the Technical Note 00017/2025 (PDF – 238 KB).

There were 12 equipment whose total price total R $ 5,947,325.28. Today, almost 7,500 public lawyers receive attorney fees monthly (read below).

AGU’s main argument is that CCHA demand for detailed employee information to make payments leads to additional hardware consumption within the folder. That’s why they ask for the money. The name of the system used to pay the lawyers is “super sapiens”.

To the Poder360AGU said the money “They aim to ensure hiring the update of the Hardware Infrastructure of the Attorney General of the Union“.

Hiring this infrastructure update is essential for improving the performance of new Super Sapiens servers, the official system of information, documents and electronic processes of AGU. The use of this system is mandatory in document management and control of workflows by the members and servants of the institution“He said in a statement (read the full below).

Internal dispute

AGU’s request caused a stalemate inside the CCHA. There were counselors contrary to the argument and donation. The board is composed of 4 members. Here’s the list and career they represent:

  • Julia Cardoso Rocha Saraiva Teixeira – President. Represents the career of Central Bank attorney;
  • Júlio César Araújo Monte -Vice-President of the CCHA and representative of the Union Lawyer Career;
  • Marcelo Alberto Mountain –- Counselor and representative of the career of federal prosecutor;
  • Dayvisson Oliveira –- Counselor and representative of the Career of Attorney of the National Treasury.

According to DayVisson Oliveira, from the National Treasury, AGU arguments were not enough to guarantee the donation, especially because there is no mention of increased collection or drop in costs such as donation and reformulation of the system.

For him, a clear correlation between expense and any direct increase in the revenue or remuneration of AGU members is missing. “Once again, there is no clear correlation indication between SGE’s request of funds and collection increased. Read: There is no indication of return to the owners of the resources, namely, the members of AGU career“, These.

Already Julia Teixeira defended the agreement in a note of the CCHA. Read A (PDF – 177 KB).

In 2023, the CCHA signed a technical cooperation agreement with AGU in order to integrate all functional data of career members in AGU. This agreement predicted that the CCHA would bear the specialized technical labor costs required to implement the system“, These.

The system change promises to correct errors, such as what happened last month, when incorrect values ​​were informed for ceiling slaughter“He said.

Finally, Julia criticized the disclosure of DayVisson’s vote and argued that her argument would not become public. THE Poder360 It understands that there is public interest and journalistic relevance to reveal this information because it is civil servants and a ministry struggling for financial donation.

The isolated leakage of this vote compromises the credibility of the counselors and the CCHA. It is important to note that the counselor who disclosed his vote also positioned himself against the implementation of the health aid“.

The CCHA is wrapped in a series of controversy regarding the use of money it collects for different purposes of fees payment.

O Poder360 in August 2024, that the counselors wanted to hire insurance of R $ 2.8 million to shield their decisions if they were wrong.

After the questions of the Poder360the CCHA went back in hiring.

The same board, in October, health insurance with a value of up to R $ 3,500 per month for the beneficiaries.

Fee payment

The amount spent on the bonus paid to public lawyers linked to the Union grew 112% from 2018 to 2023. It was $ 796 million to $ 1.7 billion last year. During this period, inflation was 32.5%.

The values ​​of these bonuses add to the salaries of professionals. The bonus is a amount paid in cases where the government overcomes lawsuits. They are paid by the losing part of the lawsuits against the government. The value does not enter the public coffers, but is distributed among all public lawyers.

The technical term to define payment is “honorary of succumbing”. In 2024, the data runs until March. If the pace is maintained, it will be almost $ 2 billion in the year.

The average bonus receipts was R $ 13,900 per month in 2024, from January to March. The category includes Union lawyers (1,626 active employees), federal prosecutors (3,596), the National Treasury (2,040) and the Central Bank (155). The highest sum of values ​​is federal prosecutors – the category more numerous.

The payment of fees was created by Law 13,327 of 2016. There are actions questioning this payment ongoing in TCU.

AGU says these lawyers foster economy and revenue to the country. From 2018 to 2022, for example, the increase was 48.4% from 2018 to 2022. It went from $ 31.60 billion to $ 46.87 billion. The bonuses more than they doubled in the period. This is what, according to AGU, was collected from 2018 to 2022:

  • 2018 – R $ 31.60 billion;
  • 2019 – R $ 29.42 billion;
  • 2020 – R $ 30, 50 billion;
  • 2021 – R $ 39.72 billion;
  • 2022 – R $ 46.87 billion;
  • 2023 – AGU did not say.

The AGU said the payment follows the law and that most fees are used to pay part of the country’s debt. The rest, goes to career civil servants: “It is important to note that at least 25%, but on average just under 50%, of the fees (legal charges) that focus on the Union’s active debt are destined to public coffers, not being distributed to federal public lawyers.”.

According to AGU, the average payment of the Union lawyers is $ 9,000. To reach this number, the amounts paid to retirees, lower than those of active employees were included.

Otherwise

Read the full response from AGU:

The funds requested from the Board of Curator of Advocate Fees (CCHA) are intended to ensure hiring the Update of the Union Attorney General Hardware Infrastructure (AGU). As shown in Technical Note No. 00017/2025/DTI/AGU, the request made by the Detailed Human Resources Information CHA online via Application Programming Interface (in Portuguese, API Application Programming Interface) will generate additional consumption of AGU Information Technology Infrastructure Hardware.

Also highlighted in the technical note, hiring this infrastructure update is essential for improving the performance of new super sapiens servers, the official system of information, documents and electronic processes of AGU. The use of this system is mandatory in document management and control of workflows by the institution’s members and servants.

Also as stressed in the note, the non -implementation of reinforcement in AGU network infrastructure would generate significant risks, including the underutilization of resources, performance bottlenecks and operational inefficiency, directly impairing the operation of other system modules.

Among the rules that support the request of funds to the CCHA is art. 34, IV, §§ 5 and 6 of Law No. 13,327/2016:

Art. 34. It is incumbent upon the CCHA:
(…)
IV – request from the responsible federal bodies and public entities responsible for the registration, accounting and financial information necessary for the calculation, the credit of the amounts referred to in art. 29 and the identification of people beneficiaries of the fees;
(…)
Paragraph 5. The Attorney General of the Union, the Ministry of Finance, the municipalities and the public foundations shall provide to the CCha the necessary technical aid for the calculation, the collection and the credit of the amounts discriminated in in art. 30.
Paragraph 6. It is incumbent upon the Attorney General of the Union to provide administrative support to the CCH.

As can be observed, it is up to the AGU to provide technical assistance and administrative support to the CCHA to calculate and collect the succumbent fees due by the losers of judicial proceedings of which the Union their municipalities and foundations are part.

The contribution of the CCHA occurs through donation with a consistent charge to put in production the new APIs requested, ensuring that they work continuously, without impairing the operation of other Super Sapiens modules. This type of donation is authorized by Decree No. 9,764/2019, which disciplines the receipt of donations of movable property and services of individuals or legal entities of private law by the organs and entities of direct, municipal and foundational Federal Public Administration.

The CCHA is a private entity, as expressed in several judicial decisions and AGU Ordinance No. 493/2023:

Article 2 The CCHA, a non-profit private law and linked to the Federal Attorney General, not belonging to the Public Administration, acts on a cooperation with the public power, in the execution of activities of public interest provided for in Chapter XV of Law No. 13,327, 2016, related to the operationalization of credit and the distribution of the amounts resulting from the attorney’s fees of causes in which they are Part to the Union, the municipalities and federal public foundations.

The CCHA works, therefore, under the regime of private law, and is responsible for the administration of the fund consisting of the amounts collected as succumbent fees in the causes in which, as mentioned, the Union, its municipalities and foundations are part.

The update of AGU hardware infrastructure resulting from the resources donated by the CCH will result, in the end, the improvement of the collection system and collection of the succession fees. This improvement will be, among other aspects, with the increase of the database and the People Management System, with the reduction of costs of the fees management operation.

These and other enhancements are part of the technical cooperation agreement in force between the AGU and the CCHA whose object is exactly the adoption of common efforts for the implementation of systems that result in the improvement of consultative, judicial and extrajudicial action of AGU and the mechanism of collection and automation of work processes related to fees, as expressed in Law No. 13.327/2016“.

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