The state of São Paulo (MP-SP) accumulates an estimated liability of R $ 6 billion in retroactive due to prosecutors and promoters. The sum is equivalent to the institution’s annual budget once and a half, which says there is no prospect of paying it up.
Experts consulted by Sheet They criticize the lack of audit and supervision about these backwards, which, in their opinion, reflect a systematic benefit practice practice, possible to circumvent legislation and the separation of powers.
For MP-SP, however, all liabilities are auditable, in addition to the budget execution of the institution to be submitted to the control of the State Court of Auditors (TCE) and the National Council of the Public Prosecution Service (CNMP).
The arrears account is the result of laws, court decisions and administrative acts that authorized the payment of additional amounts outside the constitutional ceiling or limited to it, but, added to the basic remuneration, increase the final gain of beneficiaries.
The argument is that payments are made according to budget availability.
On April 9, the report requested the MP-SP via LAI (Access to Information Law) the list of arrears that the institution had to pay to all active and inactive members-this is the total of funds related to previous exercises due to each of them.
The answer said that the demonstration had been received and sent internally. It also indicated that follow -up should be done directly with the responsible prosecutor’s agency. THE Sheet He made a new request and appealed, but the answer was the same.
On May 21, more than a month later, the institution formally responded by citing what it paid monthly as compensation for overdue amounts, without identifying people or specifically justifying payments, as provided for.
In March, the last month to which he made available paychecks on the Transparency Portal, MP-SP paid more than R $ 28 million net in funds related to previous years to active and inactive members. On average, each received $ 13,000 more that month.
A prosecutor earns nearly $ 42,000 – equivalent to about 90% of the salary of a minister of (Supreme Federal Court), around $ 46,000, the constitutional ceiling of the civil service. An promoter can pocket close to $ 40,000.
The practice, however, surpasses this mark. Amounts paid as compensation turns the remuneration in the form of surcharge for length of service, installments for equalization with the judiciary and licenses that allow payments for the accumulation of duties.
These credits are not paid immediately. They can accumulate, contributing to the final account of R $ 6 billion due to prosecutors and prosecutors, who has already exceeded the budget of less than R $ 4 billion from MP-SP to 2025, according to the annual budget law.
As an example, if the R $ 6 billion were divided by the 2,811 prosecutors and inactive prosecutors, who received compensation from the MP-SP in March, it would give an average of R $ 2.13 million for each, which helps to size the weight of the liability.
Economist and author of the book “The Country of Privileges”, Bruno Carazza says that, although astronomical, the value is not surprised, because it reflects a mechanics of the concession of hangers that is becoming increasingly frequent, both in the judiciary and the prosecutor.
The deliberation on the validity of these payments occurs without due sieve of society, says Carazza. Most of these hangers are the result of a legal interpretation, and the calculation of values is not submitted to an audit.
“We have seen a proliferation of retroactive claims of claims made many years ago, often decades, with questionable values about monetary correction and interest, without any external audit about whether these calculations are correct or not,” he says.
A Sheet It has shown in recent months that MP-SP has approved one to prosecutors, that the agency counts to grant more benefits and that the STF minister is one of those who have already received values for being part of the institution.
Few careers accumulate similar liabilities, says Rafael Viegas, professor at FGV-SP and researcher at ENAP (National School of Public Administration). The most comparable would be those of magistrates and counselors in court courts, but $ 6 billion is an exceptional amount even among the elites of the functionalism.
This total “indicates a systematic and cumulative practice of granting benefits” in a logic “that privileges indirect increases in remuneration, by administrative and discretionary route, which creates rubs and recognizes passive as if they were dividends,” he says.
Thiago Marrara, professor of administrative law at USP in Ribeirão Preto, says that the legislation that regulates the functioning of the prosecutor ensures these indemnity funds and denies classifying them generally as unconstitutional.
The problem would be to create advantages as compensation for what should already be covered by the work remuneration itself, not to receive what is provided for by law – and yes in creating new rules and setting values for them disproportionately.
“And comes this strategy of getting remuneration increases without law,” he says. “Deep down, moving in these additional dribbling the legislature, which should approve by law the increase in remuneration. This is what happens. It is a way to circumvent the separation of powers.”
