The resolution of the (National Council of Justice) that prohibits organs of the judiciary leaves breaches and does not solve the problem of magistrates supersalaries, according to entities specialized in transparency and public spending.
A Sheet Consulted representatives of organizations that accompany justice expenses and other scholars in the area – they only agreed to speak without being identified. They say they see advantages in the CNJ standard for trying to put a brake on expenses, but point out that it has little effectiveness.
Sought by the report, the CNJ did not comment.
In a report that is due to be released in June, the NGO Transparency Brazil points out that the CNJ standard restricts only future decisions and allows acts performed before the resolution, approved on May 20, remain valid – in which payments that have not yet started.
“Thus, all administrative decisions already made will continue to impact the budget of the judiciary,” says the document.
“Many of them will only have effects in the coming years, when local courts provide budget to pay retroactively the benefits already authorized – the detriment of the use of funds for actions that result in more efficiency and equality in access to justice.”
The entity states that the CNJ could have opted at least for the prohibition of non -initiated payments and that they were supported only in an administrative decision.
“The CNJ would have promoted effective morality and rationality in these expenses. The edited resolution, however, chose to be more permissive than restrictive,” he says.
The study points out that from January 2018 until April 2025, the judiciary distributed at least R $ 10.3 billion in retroactive. In 2024 alone, it was R $ 3 billion and, in the first four months of 2025, R $ 1.3 billion.
Among the retroactive penduricals are the bonus for cumulative work exercise and even salary corrections of the 1990s, staggered and interest.
In addition, in 2024, 7 out of 10 Brazilian magistrates received retroactive. Of these, 1,657 earned over R $ 500 thousand only of this heading.
The board’s transparency is also questioned by the study, which points it as “very low” regarding the payment of hangers.
The CNJ magistrates’ remuneration panel provides information only with the “retroactive” classification without complementary detailing.
Felippe Angeli, one of the coordinators of the fair research center, states that CNJ resolution “comes late and has its value, but does not solve the problem of privileges in the justice system, both in the judiciary.”
“We changed everything to continue as it is,” he says.
Angeli says that when he realized that there was an environment contrary to the hanging, the courts “began to accelerate a series of administrative decisions [para criar penduricalhos]considering that soon some regulation would come. “
He also recalls that the Federal Public Prosecution Service approved the creation of benefits after the approval of the CNJ resolution, which is on May 20.
The hangers are out of the calculation of the service salary ceiling and are exempt from income tax as it is considered compensation.
Recognition of the right to these values is one of the factors that weigh the most in the composition of supersalaries in legal careers.
The CNJ resolution has defined that, from now on, this type of recognition can only be made from the final decision of court decision in collective action, or qualified precedent of the Superior Courts.
The standard was edited by the president of the CNJ and the (Supreme Federal Court), minister, and by the National Corregedor of Justice, Minister Mauro Campbell Marques, and endorsed by the plenary of the body unanimously.
In his vote, Barroso stated that “judges perform functions of the highest responsibility and, therefore, must be remunerated in a constitutionally and constitutional manner”, but “there have been negative reactions to the payment of accumulated rights and advantages, which often result in large payments”.
“Hence the need for the CNJ, in the exercise of administrative and financial control of the judiciary, reinforce the necessary criteria for the granting of this type of accumulated advantage.”
Barroso arrived than at the time he took over the positions in September 2023 and with limited transparency.
He will leave the presidency of the Supreme and CNJ in the second half of this year and may stay in court until 2033, the year he would retire compulsorily, but has signaled the possibility of leaving the court before. In its place in charge of the Court and the Council will assume the minister.
