The minister, of the (Federal Supreme Court), weighs in on the three Powers, establishing that only compensation amounts expressly provided for by law can be outside the ceiling of the respective career.
The decision grants 60 days for all administration bodies to review and suspend payments without a legal basis, whether by national, state or municipal law. Furthermore, it asked Congress to issue a law that regulates, at the national level, which compensation amounts could exceed the ceiling.
According to the minister, while this is not done, the payment of so-called penduricalhos is now multiplying across the country, which he claims, in many cases go against the Supreme Court’s jurisprudence on the subject.
Among the examples of pendants that would have multiplied across the country, Dino cites items such as “turkey aid”; “auxilio-panettone”; “health aid” (regardless of the existence or not of health plans) and “process collection bonuses” (which could reward those who accumulate many cases).
The determination was made amid divisions in the court over the code of conduct and in the same week in which the Chamber approved projects that create hardships for civil servants.
Understand the minister’s decision:
What did Minister Flávio Dino determine in relation to the penduricalhos in the three Powers?
Minister Flávio Dino, from the STF, suspended the so-called salary suspensions in the three Powers and set a deadline of 60 days for all administration bodies to review the funds paid and suspend those without legal basis — in this case they can be considered national, state or municipal laws, points out the decision. He states that there is a phenomenon of “anomalous multiplication of compensation funds”, incompatible with principles of legality, morality and efficiency.
What are compensation funds?
Compensation funds are not subject to the ceiling and, in theory, must be paid to compensate employees for occasional expenses. This is the case, for example, of daily allowances granted for business trips, due in the case of occasional travel by public employees and provided for by law.
What did the minister argue to determine the suspension of payments?
Dino stated that many of the amounts that are being called compensation are, in fact, salary amounts disguised as compensation: that is, instead of paying a one-off expense that the civil servant incurred in carrying out his role, they serve to increase the value of the remuneration. He also said that the practice generates unprecedented super salaries in the country or “in the richest countries on the planet”.
What did Dino demand from the National Congress?
Dino demanded that Congress issue a law clearly providing for the compensation amounts that could actually be outside the ceiling, at the national level. The minister says that the Legislature approved a PEC on the topic in 2024, providing for regulation, but that this has not yet been done.
In a statement, the NGO Transparência Brasil praised Dino’s decision, which he classified as “courageous and necessary” and defended national legislation regulating and limiting compensation funds. He argues, however, that it “cannot reproduce the defects of the Supersalários PL”, arguing that the text presented in 2021 consolidates a series of exceptions to the constitutional ceiling.
Is Dino’s decision final?
The decision was handed down on a preliminary (provisional) basis and will be submitted to the STF plenary in a session on February 25th, scheduled by the president of the court, .
Does the decision affect the bills approved in the Chamber that deal with bonuses for employees?
If the texts are sanctioned by President Lula (PT), the pendant would have a legal basis and would be beyond the scope of Minister Flávio Dino’s decision. The PT leader in the Chamber stated.
EXAMPLES OF PENDURICAHOS MENTIONED BY DINO
- Compensatory leave of 1 for every 3 days of work: minister states that it can be “sold” and accumulates with rest on Saturdays, Sundays and holidays;
- Procedural collection bonuses: minister states that they can, sometimes, reward those who accumulate many cases;
- Bonuses for accumulation of duties: minister adds that the functions, in these cases, would be performed during the same working day, on working days and during the day;
- Travel assistance andfuel-aid: funds would be paid even to those who cannot prove that they can travel to work;
- Educational aid: according to the minister, an amount paid, sometimes, without the cost of any educational service;
- Health aid: minister cites cases in which they are paid regardless of the existence or not of health plans;
- Premium license: also with conversion into payment;
- Vacation Accruals: minister highlights cases in which accumulation occurs by the server’s own and unilateral will, and is then converted into compensation installments
- Turkey aid and panettone aid: called penduricalhos by the minister with anecdotal names, they are paid at the end of the year by the bodies
