The Alerj (Legislative Assembly of) sent to the governor () at the end of last year a bill that defines the structure of the judiciary in the state without an amendment that had been approved in plenary and limited payments from magistrates above the constitutional ceiling.
The amendment defined that the gain by excess volume of processes, called accumulation by procedural collection, would respect the constitutional ceiling. The phrase “observed the constitutional ceiling” was suppressed from the text sent to Castro, which published the law in the Official Gazette on December 19, at the end of the legislative activities of 2024.
The (National Council of Justice) defined in 2020 that each Court must regulate the granting of bonus for cumulative exercise and limited the value to one third of the magistrate’s allowance.
In 2023, Councils of Justice issued norms transforming the bonus by cumulative exercise into compensatory license and allowing the conversion of this license to cash.
A 2024 resolution of the Fluminense Court authorizes cash conversion.
Data sent by the TJ-RJ to the CNJ indicate that R $ 59 million was paid in bonus by cumulative exercise from January to July this year. R $ 52 million from January to July 2024, and R $ 45 million in the same period of 2023 were paid.
According to the transparency Brazil organization, the compensatory license cost R $ 819 million to the Brazilian judiciary between July 2023 and October 2024.
In a statement, the Rio Court said that “the constitutional ceiling is strictly observed for the remuneration of magistrates and servers.” He also said that compensatory license is granted on paid rest days.
The CNJ stated that “each court has administrative and financial autonomy and can elaborate and forward their budget proposals.”
Rapporteur Rodrigo Amorim (União Brasil), who is also president of the CCJ (Constitution of Commission and Justice) and Government leader in Alerj, confirmed that the amendment was approved and that other sectors of the Assembly must determine “if there was a material error in the transposition of the Opinion approved in the CCJ to the definitive text published”.
The bill was sent by the judiciary. The text organizes the administrative structure of the Court, as rules of entry into the judiciary, career plan and form of operation of the counties. Of the more than 70 proposed amendments, most have been approved.
Article 28, of which the amendment was suppressed, defines that the Special Body of the TJ is the one who must regulate the compensation. The procedural accumulation is recognized to judges, judges, directors and chiefs.
The approval of the article generated movement behind the scenes of the court so that other categories of employees receive the benefit.
In June, the State Justice Officers Union (Sindojus/AOJA/RJ) sent a letter to the President of the Rio Court of Justice, Ricardo Couto de Castro, asking the benefit to be applied to the category.
“Evaluating bailiffs do not claim privilege, but equity,” the union said in the document.
The presidency of the TJ-RJ filed the request and stated that it is in dealings “in order to achieve all servers in general.” The union understood that the claim was rejected.
Submission of a proposal of the judiciary with later change also occurred in Mato Grosso do Sul, where State Court of Justice sent to the Legislative Assembly in 2023 a bill to regulate the compensatory license. The project was approved, and the following month the TJ-MS lowered resolution allowing the conversion of crashing into pecunia.
Payment of compensatory license is authorized in other careers, such as those of the Public Prosecution Service. A resolution of the CNMP (National Council of the Public Prosecution Service) of 2023 regulates the conversion of the license to payment.
