The Legislative Assembly of the State of São Paulo (Alesp) pays the “health benefit” of civil servants and parliamentarians without the benefit having been created by law. In 2025, the pendant cost R$47.3 million to São Paulo’s coffers. The payment will be affected by the determination of Minister Flávio Dino, of the Federal Supreme Court (STF), to suspend all benefits to civil servants that exceed the civil service ceiling and that are not provided for by law.
The creation of Alesp’s health benefit was authorized by a 2008 resolution. Since then, the benefit has been established, regulated and modified through acts of the Board of Directors that do not undergo approval by the House’s plenary and do not have the force of law. The advantage grants reimbursement for expenses for medical and dental services, such as health plans and specialist care.
As it is compensatory in nature, the payment is not reduced by the salary cap for public servants provided for in the Constitution, set at the salary of a STF minister, of R$46,600 per month.
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‘Tuning’
In a note, Alesp informed that, as its creation was authorized in a resolution, the “legislative process” that established the program is in compliance with the legislation, even though the aid was regulated by acts of the Board. For this reason, the House understands that the payment “is in line with both the salary ceiling and the judicial decision of Minister Flávio Dino”.
Since its creation, Alesp has issued health aid on several occasions, expanding the program’s beneficiaries and extending the scope of expenses subject to reimbursement. In the last change, in September 2024, the aid started to cover expenses with nurses and vaccines.
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When ordering the suspension of restrictions not provided for by law, Dino did not specify which normative acts could create or regulate payments.
Judgment
These parameters are expected to be addressed by the Supreme Court plenary in the trial to evaluate the minister’s injunction, scheduled for February 25th.
Just like Alesp, the São Paulo Court of Justice (TJ-SP) has issues affected by Dino’s injunction. A survey by Estadão identified at least six items of the TJ of São Paulo paid to civil servants and magistrates without provision in law and established only through ordinances and resolutions.
In 2026, the São Paulo Court’s budget reserve for these payments amounts to R$4.8 billion, which is equivalent to more than 20% of the R$19.3 billion of its annual budget.
The information is from the newspaper The State of S. Paulo.
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