The minister of the (Supreme Federal Court) released, for 45 days, the payment of administratively recognized retroactive payments that were already scheduled for the period. The dean warned, however, that any advance or financial reprogramming will be considered fraud, subject to punishment.
In the decision handed down last week, the minister had determined retroactive payments for employees of the Judiciary and the Public Ministry, but decided to go back on this point after a warning made by the AMB (Association of Brazilian Magistrates).
According to the entity, there was an incompatibility of deadlines between Gilmar’s decision and the minister’s injunction, which for all public servants and gave 60 days for public bodies to comb the funds paid outside the constitutional ceiling.
The entity stated that there would be no way to immediately suspend the retroactive payments before the period set by Dino to re-examine the issues had concluded. In view of this, Gilmar and Dino set the deadline to 45 days from February 23rd — and the dean authorized, until then, the payment of retroactive payments.
Gilmar stated, however, that “only retroactive amounts may be paid administratively that were already regularly scheduled for the corresponding period, in strict compliance with the previously established schedule and the budget availability already allocated.”
The dean considered that any financial readjustment that has the objective of “concentrating, accelerating or expanding disbursements” is prohibited. The inclusion of new installments or beneficiaries not included in the original planning is also not authorized.
“Any attempt to circumvent, directly or indirectly, this decision must be subject to administrative-disciplinary and criminal liability, in addition to the duty of administrative return of such amounts.”
Any payment made after 45 days will also be penalized for “an act that violates the dignity of justice”.
The other points of the injunction remain valid as in the original decision, such as the suspension of penduricalhos derived from state laws. Dino’s decision also remains valid. The preliminary injunction referendum trial, initially scheduled for this Thursday (26), .
Until then, discussions between the Powers will be ongoing to resolve the issue of penduricalhos, as the national ordinary law that governs the issue has not yet been published. The president of the STF, said that the court “will give the last word”.
On March 25th, the referendums on the Dino and Gilmar injunctions and other related cases should be judged, such as a law in Santa Catarina that compensates prosecutors who use their own vehicles and a rule in Paraíba that links the judges’ allowance to 90.25% of the STF minister’s salary.
Fachin also asked that all offices check whether they have similar processes so that they are all examined together by the plenary. The objective of the president of the STF, according to his assistants, is to unify all decisions on the topic and rationalize the debate.
