The Minister of the Federal Supreme Court (STF) Flávio Dino determined this Thursday (5) that the Three Powers review and suspend illegal “hangings” from the public service, that is, those not provided for by law.
For these civil service benefits, the equivalent of the salary of a STF minister, currently R$46,366.
In the decision, the minister warns of the misuse of so-called “compensation” funds which, in practice, serve to boost salaries and exceed the limit set out in the Constitution.
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Only compensation installments expressly provided for by law can be outside the ceiling, as per the understanding already consolidated by the STF, according to Dino.
The decision determines that, within 60 days, bodies at all levels of the Federation review the funds paid and suspend those that do not have a legal basis. Furthermore, it demands that the National Congress issue the law that regulates which compensation funds are effectively admissible as an exception to the ceiling. The decision will be submitted to the Plenary, on a date yet to be defined by the Presidency of the STF.
The determination was made in the trial of motions for clarification in a complaint filed by an association of municipal prosecutors in São Paulo, but the minister expanded the effects of the decision in light of what he classified as a “massive and widespread” non-compliance with the STF’s jurisprudence on the constitutional ceiling.
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When analyzing the case, Dino stated that there had been, over the last few years, an “anomalous multiplication” of funds classified as compensation, used to circumvent the constitutional limit on remuneration in public service. According to him, this movement produced a race for equality between careers, encouraging the creation of new benefits without legal support, with a direct impact on public coffers.
In the decision, the minister lists examples of payments that began to be treated as “gimmicks”, such as compensatory leave converted into cash, bonuses for the accumulation of duties performed on the same day, various aids without proof of expenses and the recurring conversion of vacations and licenses into money. For Dino, many of these benefits are clearly remunerative in nature, even if labeled as compensation, and cannot fall outside the ceiling.
