An action filed on 18 August to (Supreme Court) by a retired prosecutor asks for the annulment of rules that opened gaps for payment to members of São Paulo.
The action is under the rapporteur of the minister, who assumes on Monday (29) the presidency of the Supreme, and he has not yet spoken about the progress of the process.
The lawsuit was presented by retired prosecutor Jairo Edward de Luca, who calls for the cancellation of resolution and recommendation of the CNMP (National Council of the Public Prosecution Service) published in 2022, when the (Attorney General) was.
From this recommendation, the MP-SP authorized the retroactive payment of the “Compensation for Assumption of Collection”, benefit paid to members of the institution who worked with an extra load of processes (collection) besides the regular quota.
The idea is that prosecutors and prosecutors who had to take care of more processes than they should, doing extra job, are rewarded by the larger load. Extra represents a third of salary in these months.
Only Luca himself would be entitled, according to him, to receive $ 1.3 million in payments.
“The technical name of that benefit is unknown. Some call it the comprehension license, others the aid-prosecution, an assumption by collection. In any case, the perception is that it is about adding to the subsidy (…) equivalent to one third of it and to perform the exercise of duties and attributions inherent to the public positions themselves, observed criteria of labor that the institutions themselves established”, says the plaintiff.
“The benefit is intended for thousands of members of the Justice System. In São Paulo, there are about 4,000 members of the Public Prosecution Service and the Judiciary, and from what it was known, the value of the benefit would be around R $ 12,400, close to eight minimum wages, which implies apparently legal spending of legal validity of about $ 50 million per month alone in this state of the federation,” he says.
“Such reflections require analysis as to the anti -republican character of the benefit, including when it is admitted that it corresponds to a day off for three days of work, usually sold because no one can or will want to rest for so long without radically harming the quality of the public service.”
In February this year, the Sheet He questioned the institution about the total amount that the payment of the new pendurical will represent for the public coffers and how it will be done, but had no answer. The amount, according to estimates of a member of the institution’s Superior Council, should exceed R $ 1 billion – would vast between R $ 400 thousand and R $ 1 million per promoter.
The institution has determined that about 1,900 prosecutors and prosecutors will be entitled to receive, retroactively, the equivalent of ten days of salary for each month worked, in the 103 months from January 2015 to August 2023.
