The minister, of the (Supreme Federal Court), ordered the Regional Federal and Labor Courts and the Courts of Justice in the country to report the payments to judges and civil servants for equivalent to the Public Ministry or another career in the last ten years.
Moraes’ order was signed on Monday (2). The magistrate gave five working days for the courts to respond.
In addition to the amounts already paid, Moraes determined that the courts must also inform about the calculated values of these penduricalhos.
There are 27 Courts of Justice in Brazil, 24 Regional Labor Courts and six Regional Federal Courts. Everyone must provide clarifications within the specified period.
Moraes’ decision was taken in an action for which he is the rapporteur that has been pending before the Supreme Court since 2017. In this case, the court discusses the equality between the careers of the judiciary and the Public Prosecutor’s Office in relation to the right to bonus leave or compensation for non-enjoyment.
The STF analyzes an appeal by the Union against the Federal Court of Alagoas, which granted bonus leave to a labor judge in the state.
The request had been denied by the Regional Labor Court of the 19th Region itself, but the magistrate claimed that a resolution by the CNJ (National Council of Justice) recognizes equal rights and prerogatives between the judiciary and the Public Ministry.
The ministers unanimously decided that the process will have general repercussions – that is, that the decision will have to be followed by the other instances of the Brazilian Judiciary. At the time, Moraes said that there is a “significant number” of complaints about the issue and argued that a “uniform solution” was necessary.
“In the political and social sphere, the judgment of the issue by the STF will bring a uniform solution which will have necessary legitimacy, given the absence of any doubt about the existence of interest, direct or indirect, of the entire national judiciary in the outcome of the dispute”, he said.
The STF is currently carrying out an offensive against public servants. Payments of compensation funds are suspended by two injunctions, from the minister and the dean.
The idea of the president of the court, , is on the topic on March 25th along with the analysis of other actions that also include penduricalhos.
In a session that suspended the analysis of Dino and Gilmar’s injunctions, Fachin asked that all offices check whether they have similar processes so that they can all be 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.
Meanwhile, the Supreme Court, the federal government and the Federal Government are discussing the possibility of how to compensate for the end of penduricalhos.
The measure is being debated by the Powers as part of the court decisions that barred them and a future national law that governs the topic.
For one wing of the government (PT), this hypothesis is impractical, but members of the Supreme Court and Congress do not rule it out, due to growing pressure from members of the judiciary.
Members of the three Powers admit that this scenario was put on the table at a meeting with their representatives, but they assess that, especially in an election year, the measure is unpopular given the fiscal rigor demanded by society. Therefore, no increase would be valid for this year.
