This weekend, the leadership of the Public Ministry instructed all units of the body to pay, at most, R$ 46,366.19 per month to each of its members in retroactive amounts recognized administratively. Payments can only occur until the end of March — when the 45-day period that the Federal Supreme Court (STF) gave for the Judiciary and the MP to cease payment of outstanding amounts not provided for by law ends.
The ceiling is contained in a recommendation issued by the president of the National Council of the Public Ministry, Paulo Gonet, on Saturday. The document was presented this Sunday by the MP’s national inspector, Fernando Comin, to minister Gilmar Mendes, of the Federal Supreme Court, rapporteur of one of the actions dealing with the topic.
The limit follows the model established by the National Council of Justice in a similar recommendation to Courts of Justice across the country.
According to the recommendation, the retroactive payment limit comprises the sum of any retroactive amount, especially in the form of compensatory leave; Additional for Length of Service; and Autonomous Equivalence Installment (PAE). However, vacation compensation — paid to judges who did not take advantage of the two months of vacation to which they are entitled — is not included in the bill due to the “immediate compensatory nature” of the amount. According to the MP, compensation for one month of vacation does not constitute retroactive funding.
The recommendation signed by Gonet emphasizes that retroactive payments must be stopped after a period of 45 days counting from February 23rd, when Gilmar signed the order on the penduricalhos at the Public Ministry.
Also following the lead of the Supreme Court minister, the prosecutor stressed that 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”.
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The document sent to MPs across the country cites all orders issued by Gilmar on the subject, especially the one signed on Friday, reaffirming that only retroactive payments that were already scheduled can be paid. The dean reinforced the indication that any non-compliance with the decision on the penduricalhos can be considered an “act that violates the dignity of justice”, and must be investigated both in the administrative-disciplinary and criminal spheres, not counting the return of values.
In addition to the recommendation, the Public Ministry’s internal affairs department presented Gilmar with two letters in which the MP leadership requests information about the organization’s issues in order to “consolidate” the information and send it to the STF. Details were requested of “each remuneration, compensation or aid amount” paid by each MP throughout the country, with a breakdown of “value, calculation criteria, specific legal basis (number of the Law and what the governing device is), legal nature of the norm and the typology of the item”.
In one of the documents, the internal affairs department also requests specific information about compensatory leave and bonuses based on procedural documents — limit of days to be compensated in the month, calculation basis and minimum and maximum values.
Comin maintained that Gilmar had taken “several measures” in compliance with the dean’s order. He argued that he had addressed the issue in two meetings of the National Council of Attorneys General of the Public Ministry of the States and the Union.
