The Attorney General of the Republic, , that retroactive payments intended for members of the entire country do not exceed the sum of R$46,300, which is the constitutional ceiling for civil service.
This limit encompasses compensatory leave, additional leave for length of service and autonomous installments of equivalence – the so-called penduricalhos, used to exceed the salary limit provided for in the Constitution. Vacation compensation is left out of the calculation.
Gonet’s recommendation is based on a decision by Minister Gilmar Mendes, of the (Supreme Federal Court), that in February the payment of compensation not provided for in federal law.
The measure taken by the Attorney General of the Republic goes against that adopted by the Public Ministry of São Paulo. On the 26th, the state body communicated to its members, based on an interpretation of Gilmar’s decision, that “payments made monthly will follow their normal course, with no type of reduction in these funds”.
Gonet is president of the National Council of the Public Ministry and issued the recommendation through the body. The guideline states that all payments must cease within 45 days, in line with the Supreme Court’s determination.
“The anticipation of funds scheduled for subsequent months is prohibited, as is the carrying out of any financial reprogramming with the aim of concentrating, accelerating or expanding disbursements and the inclusion of new installments or beneficiaries not included in the original planning”, says the recommendation from the Attorney General of the Republic.
