O STF (Supreme Federal Court) advanced, this Wednesday (25), when analyzing the joint vote presented by ministers Alexandre de Moraes, Cristiano Zanin, Gilmar Mendes and Flávio Dino.
The proposal establishes a transition rule that initially foresees limiting the so-called “hangings” paid to members of the Judiciary and Public Prosecutor’s Office 35% of the constitutional ceiling, currently set at R$46,366.19.
Responsible for reading the vote, the dean Gilmar Mendes stated that, although the ideal would be a legislative solution by Congress, there is, at the moment, no prospect of progress on this agenda, which imposes on the STF the task of structuring a provisional response.
“The ideal solution would be an initiative from Congress. However, given the dialogues held with the Presidency of Congress and the proximity of the electoral election, an immediate solution to this issue is not foreseeable”, he stated.
The minister then defended the adoption of a transitional regime to reconcile the need for adequate remuneration with the reorganization of the system.
According to the proposal, only “hangings” expressly provided for in the thesis established by the STF may be paid. Any portion outside this list must be considered irregular and, therefore, prohibited.
As a first axis, the minister proposed setting a limit for compensation funds. These portions would be restricted, during the transition, up to 35% of the STF ministers’ allowance — a measure that, according to him, had consensus among the four rapporteurs.
In addition to the ceiling, the joint vote provides for the creation of a compensation mechanism to mitigate the financial impacts of the restructuring. The proposal establishes a portion based on career time, inspired by the old additional payment for length of service (ATS).
By modelthe additional would be granted at the rate of 5% for every five years of exercise, up to a limit of 35%without incorporation into the subsidy or repercussions on other benefits.
According to Gilmar, the measure is compensatory in nature and transitory in nature, with the aim of preserving the legal security of public agents in the face of regime change.
“The practice observed in recent years has highlighted a deficit of transparency and rationality in the remuneration system, especially weakening institutional and social control over public spending, to the extent that it obscures the real dimension of personnel expenses”, declared Gilmar Mendes.
“In this sense, I understand that such installments must be subject, during the transition period, to a ceiling corresponding to 35% of the value of the Supreme Court ministers’ allowance”, he continued.
On February 5th,
The measure reaches the Judiciary, Legislative and Executive branches, at the federal, state and municipal levels, which were given a period of 60 days to reevaluate and cut compensation funds paid in violation of the salary ceiling.
Subsequently, Gilmar Mendes also decided to suspend transfers of this type to magistrates and members of the Public Ministry. The estimate is that the Judiciary and Public Prosecutor’s Office will disburse around R$17 billion in additional payments that exceed the constitutional limit.
