MP-MG (from Minas Gerais) again offered prosecutors and prosecutors the possibility of receiving a hanging out of monthly salaries as compensation for medical and hospital assistance.
Under the current wording, the measure resembles a health allowance provided for in a law that was overturned in 2018 by the Minister of (Supreme Federal Court).
The decision considered that the benefit could be incompatible with the Constitution as it is configured as a generic remuneration increase.
The indemnity was once again provided for by complementary law sanctioned at the end of May by Mateus Simões (Novo), deputy of the governor (), who was traveling to El Salvador.
The new law article says that “the member of the Public Prosecution Service is allowed to receive medical and hospital assistance […]or indemnity, limited, in this case, to 10% of the monthly allowance, according to criteria established in the resolution of the Attorney General “.
The previous law, suspended by Barroso, stated that it was granted to members of the Public Prosecution Service “Health allowance, limited to 10% of the monthly allowance, according to criteria established in resolution of the Attorney General”.
Sought, the MP-MG stated that the current law was sanctioned after two resolutions of the CNMP (National Council of the Public Prosecution Service) with guidelines for the creation of supplementary health care programs and that they were edited later to the STF’s decision.
“Resolution CNMP No. 268/2023 provides, as a maximum limit, the percentage of 15% of the initial career position, and it is up to the state public ministries to define their percentages within this ceiling. In the case of MP-MG, the state legislation established a lower limit of 10%,” the agency says in a statement.
The resolution cited by MP-MG allows supplementary health care to be funded with funds from each agency’s budget, but the payment of a percentage linked to remuneration is linked to the adoption of the reimbursement model.
The normative of the Attorney General of Minas Gerais on the subject was published on June 18 and does not provide for the reimbursement of expenses as a prerogative to be entitled to compensation.
It also puts the prosecutor’s allowance, position with the highest compensation in the category (R $ 41,845.49), as a reference for the 10% referring to the indemnity of health allowance. In this case, early career prosecutors, which have a subsidy of R $ 35,877.27, can opt for an aid that corresponds to 11.6% of their salaries.
If all 1,150 active members of the Minas Gerais prosecutor opt for the benefit of R $ 4,184, the costs for the agency’s coffers would be R $ 4.81 million per month.
The standard that was in force in Minas Gerais until May provided for the reimbursement of up to 10% “upon compensation of the amounts spent”, but the new sanctioned law does not specify this rule. Asked, the government of Minas did not respond.
In an internal letter signed in early June, the attorney general, Paulo Tarso de Morais, said that after “profitable dialogue with the Legislative Assembly and the State Government” the sanctioned law “recovers the prerogative of members regarding medical-hospital assistance, restoring the desired treatment with the mining judiciary”.
In the injunction in which he overthrew health aid, Barroso stated that indemnity funds are only justified in compensation to the server with expenses made in the exercise of the function.
At the time, the (Attorney General’s Office) had questioned the aid granted to the prosecutors and prosecutors.
“It is revealed of great relevance to question the eventual indemnity and cumulative character of this aid, so that the resolution is not enough to say that the amount is indemnity, if it is not effectively,” the minister said in the decision.
Following the process, which also involved the granting of improvement to MP-MG members, the action lost effect after the then governor Fernando Pimentel () sanctioned at the end of 2018 law that changed the provision that provided for the health allowance.
