The AMB (Association of Brazilian Magistrates) criticized the decision of the (Federal Supreme Court) which and members of the . In a note released this Thursday (26), the AMB cites “deep disagreement and concern with the judgment”.
“This is not just about defining future parameters. The decision changes, with immediate effect, the remuneration regime applicable to the entire judiciary”, says the note.
The AMB says that the judiciary already faces a significant salary gap, greater than 50%, and a high workload, with an increase in the complexity of demands and the creation of new functional duties through administrative means.
“It is perplexing that the path that allows the creation of duties is not also accepted for the regulation of rights. The judgment tends to intensify this context of loss”, states the note.
According to AMB, the judgment involves structuring principles such as the irreducibility of subsidies, legal certainty and the protection of legitimate expectations. The entity also states that there were no mechanisms to limit the effects of the decision, measures that the STF adopted in similar cases.
The association also says that the decision will have relevant institutional effects, potentially impacting the attractiveness of the career and the efficiency of legal services.
In the note, the entity highlights the compensatory license, one of the trinkets that were prohibited by the STF. AMB states that the benefit was designed nationally by the CNJ (National Council of Justice) as a compensation mechanism for carrying out extraordinary activities.
In general, compensatory leave provided for the right to one day off for every three days worked in cases of accumulated duties, procedural backlog or overtime work, during periods such as holidays and weekends, but could be converted into compensation if not taken.
“The issue of weakening the judiciary transcends corporate interests. It concerns the institutional conditions necessary for the proper functioning of the Judiciary. It is necessary to define the type of magistrate that we intend to retain and attract to the career”, says the AMB
Which pendants are prohibited?
The STF stated that other frills, such as compensatory licenses and other indemnity funds or aid provided for in administrative decisions, resolutions, state laws and even in laws for these careers are unconstitutional and must cease immediately.
As an example, the ministers listed part of the vetoed payments for magistrates and prosecutors. Below are some of them:
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Christmas aid
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Fuel allowance
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Compensatory license for collection accumulation
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Compensation for collection
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Bonus for exercising locality
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Housing assistance
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Food allowance
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Compensatory leave for relevant administrative and procedural functions
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Compensatory leave of one day off for three employees
What hangings are allowed?
The ministers stated that the compensation amounts that the decision foresees as permitted are all provided for by law. The sum of these payments could not exceed 35% of the salary received by the respective employee. They are:
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Cost assistance in case of transfer of court or district
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Daily
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Promotion or appointment with change of legal domicile
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Payment for teaching
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Bonus for working in a difficult-to-serve district
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Vacation not taken, maximum of 30 days
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Bonus for cumulative exercise of jurisdiction (when the judge, for example, acts in more than one court)
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Any retroactive amounts recognized by judicial or administrative decision prior to February 2026
