The ministers , , and , of the (Supreme Federal Court), proposed this Wednesday (25) to limit the value of the so-called penduricalhos to a ceiling corresponding to 35% (R$ 16,228.16) of the salary of the court members, of R$ 46,366.19 – the constitutional ceiling for public service.
The measure would be valid during a transition period until a general rule for the payment of compensation funds is issued by the . The proposal was presented by the dean on behalf of the four ministers in a joint vote in the judgment of actions on the topic.
“The first vector for the conformation of the transition regime necessarily involves the establishment of an objective limit for the amount of funds of a compensatory nature — such as aid, additional compensation and other similar amounts”, said Gilmar.
“This is because 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”, he added.
The ministers also defended a type of resumption of the ATS (additional for length of service), which would be called “part of appreciation of career seniority”.
“This is a mechanism aimed at mitigating the financial impacts resulting from the reconfiguration of the compensation funds regime, preserving, to some extent, the legal security of public agents who, for a long period, received installments later considered incompatible with the Constitution”, stated the dean.
According to Moraes, the measures would result in savings of R$7.3 billion per year.
This afternoon, the court resumed the analysis of actions that deal with the issue, in a joint trial, among them, Gilmar’s injunction, which barred compensation funds provided for in state laws for members of the Judiciary and the Public Ministry, and Dino’s, which determined the end of compensation funds paid above the ceiling for public servants at all levels of the federation.
The expectation is that they have reached a middle-term solution and that there is no request for review, so that the conclusion is not postponed.
The ministers received proposals from a commission established by President Edson Fachin and the National Inspector of Justice, Minister Mauro Campbell. To debate the matter, they also met at lunch before the session.
When opening the votes, Fachin stated that the ministers dedicated themselves in the last 30 days to analyzing the issue that has been going on for more than 30 years.
“What was aimed for was and is to achieve greater steps in uniformity and standardization and seek gains in transparency and predictability, in addition to establishing limits on expenses and therefore also seeking to save expenses on payments without a legal basis”, said the president.
Gilmar defended a single regime and stated that standardization would not be possible if the profusion of rules that exist today were legitimized. Thus, he defended coordinated action between the CNJ (National Council of Justice) and CNMP (National Council of the Public Ministry) on the payment of compensation funds.
The dean also stated that the decision was left to the court due to the absence of a measure from Congress to deal with the issue, including due to the proximity of the elections.
“This issue would be resolved in an absolutely orthodox manner if we had an initiative from the National Congress setting solid parameters for the remuneration of these two central categories of the State’s general system. But, as we had the opportunity to verify, in dialogues including with the presidency of the National Congress itself, with the electoral election, there is no urgent solution to this issue. Hence the onus falls on this court to seek a solution”, he said.
The trial on February 26th. At the time, Gilmar and Dino agreed to adjust to 45 days, counting from February 23rd, the deadline for the heads of Powers and autonomous bodies to review the amounts paid outside the ceiling to their employees, detailing the value, the calculation criteria and the law that underlies them.
On Monday (23), the commission created by the president of the STF to make proposals on the regulation of penduricalhos identified that the total expenditure on funds above the ceiling, only for the judiciary, .
There is also data from the CNMP, which indicates that the total value of expenses with installments that exceed the value of the subsidy is R$7.2 billion.
As a means of stopping new expenses of this type, one of the group’s suggestions is to link these expenses to Brazilian legislation.
The average gross remuneration of magistrates in 2025, calculated based on data from the (National Council of Justice), was R$95,968.21. The constitutional salary ceiling, annualized and considering vacation and 13th salary, corresponds to R$ 52,805.94.
If the board understands that it is necessary to create a transition rule so as not to immediately end with the pennuricalhos, the group indicated, as a solution, to think about global limits for receipts above the ceiling. In the document, there is also the size of both the economy and the increase in spending given each range of flexibility.
According to the commission, one of the central points of the problem is the differentiation between compensation and remuneration funds. Only the latter is subject to income tax. But, according to the technical note, there is jurisprudence to the effect that, when there is an increase in assets, the incidence of income tax is recognized.
