The minister of the (Supreme Federal Court) decided this Monday (23) that amounts of a compensatory nature can only be paid to members of the Judiciary and when they are expressly provided for in law approved by the National Congress.
The injunction was granted in a direct action of unconstitutionality proposed by the Attorney General’s Office and will be submitted to the STF plenary for a vote.
In the decision, Mendes set a deadline of 60 days for the courts and state Public Prosecutor’s Offices to suspend the payment of compensation amounts established based on state laws, the so-called
The injunction also determines a period of 45 days for state and federal courts and state and federal Public Prosecutor’s Offices to suspend payment for administrative decisions or secondary normative acts.
The determination is in line with that of the STF, which at the beginning of the month suspended suspensions in the three Powers, establishing that only compensation funds expressly provided for by law can remain outside the ceiling of the respective careers.
Dino determined a period of 60 days for all administration bodies to review and suspend payments without a legal basis, whether by national, state or municipal law.
In this Monday’s injunction, Mendes determined that, after the end of the established deadlines, members of the Judiciary and the Public Ministry will only be able to receive the funds provided for in national law and, in necessary cases, regulated by a joint act of the (National Council of Justice) and the CNMP (National Council of the Public Ministry).
“The payment of any funds, after the deadlines indicated above, in non-compliance with this decision, constitutes an act that violates the dignity of Justice and must be investigated within the administrative-disciplinary and criminal sphere, without prejudice to the duty to return such amounts”, said the minister.
According to him, the hangings cause a “huge imbalance”. Mendes recalled that, according to the Constitution, the remuneration of magistrates is linked to 90% of the allowance of STF ministers – the ceiling of public service.
In this way, when there is an adjustment in the remuneration of ministers, this has repercussions on the payment of the entire judiciary, which, according to him, guarantees the independence of the Judiciary and prevents judges from being subject to local political circumstances.
The restrictions, created through state laws or administrative decisions, affect the national character and equality.
Mendes also highlighted the difficulty in controlling this type of funding. For him, this reinforces the need for national uniformity, with payments occurring only when provided for in a law approved by Congress and regulated in accordance with legislation.
