The president of the (Federal Supreme Court), , discussed with the presidents of the Chamber, , and , , the creation of a transitional rule on the payment of salary caps in the public service. They spoke this Tuesday (24), the day before the trial in the court’s plenary session about this type of benefit.
In a note, the STF stated that “as a step forward, it was decided that in the coming days a proposal for a transitional rule will be formulated, respecting the Constitution and the limits of the constitutional ceiling”.
The ministers and Flávio Dino, rapporteurs of actions related to the subject at the STF, participated in the meeting. Also present were the vice-president of the court, in addition to the president of the TCU (Federal Audit Court), Vital do Rego, and the deputy attorney general of the Republic, Hindemburgo Chateaubriand.
According to interlocutors, Motta and Alcolumbre signaled that there is no time to issue a law that regulates the payment of penduricalhos. The Congress leadership listed other priorities for the Legislature, in addition to the tight voting schedule due to the electoral campaign.
Congress aims to vote in the first half of this year on proposals such as the Antifaction PL, the Public Security PEC, the end of the 6×1 scale and the Mercosur-European Union agreement, for example. The fear is that a project about penduricalhos will hinder the progress of these agendas.
On February 5, Dino had ordered Congress to regulate this type of funding. Also according to the decision, without a new law, the three Powers would be obliged, within 60 days, to reassess the legal basis of all remuneration and compensation amounts paid to their employees.
The Congress leadership also expressed to the court the impossibility of carrying out a fine-tooth comb on the penduricalhos within this period.
The crusade against trinkets has become a central theme in the STF, which is experiencing an image crisis caused by the Master case scandals. The questioning of this type of payment, which works as a bonus that allowed some employees to receive salaries that exceed the constitutional ceiling, reached the court through a complaint from municipal prosecutors in Praia Grande (SP).
Dino suspended this type of payment and considered that there is a legislative vacuum on the matter. According to him, the Constitution determines that only compensation amounts provided for in national law could be outside the ceiling. Despite this, this law has not yet been enacted by the .
In his decision, Dino determined that, if Congress “does not fulfill its duty to legislate and maintains the unconstitutional omission”, it will be “the STF’s sole responsibility to examine the establishment of a transitional regime”.
Despite signaling a transitional rule, Fachin kept the trial in plenary for this Wednesday (25th). According to the Sheetthe minister’s injunction on the salaries of public servants, although there are reservations regarding the method used by the rapporteur to make his decision.
The main discomfort of a wing of ministers is the fact that Dino analyzed a complaint that concerned only municipal prosecutors in Praia Grande and extended its effects to public servants at all levels of the federation.
In the decision that suspended the suspensions, Dino mentioned that the STF has invalidated rules that create remuneration installments paid to civil servants to perform duties that would already be part of their routine.
On another front, the minister decided this Monday (23) that funds 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.
