The (National Council of Justice) and the CNMP (National Council of the Public Ministry) formed a majority to regulate the limitation of , but ended up also providing for the creation of new benefits.
The rapporteur of the resolution is the president of the (Federal Supreme Court), . So far, there are 11 votes in favor, and 4 votes have not yet been cast. Virtual voting should end this Thursday (9).
In March, the STF approved one of the Judiciary and the . With 18 points in total, it will be valid until Congress approves a law regulating this topic. This thesis applies only to the judiciary and prosecutors, with some implications for other legal careers such as public lawyers.
Those that end up being used as a way to circumvent the constitutional ceiling for public service, of R$46,366.19. Under the argument of a lag in the amount received, many careers began to accumulate other financial benefits that exceed this limit.
The STF’s decision opened up the possibility of an extra payment of up to 70% of the ceiling — not counting funds such as 13th salary, additional vacation, health benefit, permanence bonus and extra bonus for electoral functions.
It would be up to the CNJ and the CNMP to standardize the headings of compensation and aid funds that were declared constitutional by the Supreme Court. However, the resolution whose majority was formed provides for the creation of new compensation funds not covered by the thesis established by the STF.
Among them is the early childhood and maternity protection bonus, intended for members with children up to 6 years of age. The benefit will be paid per dependent, with a monthly limit of up to 3% of the respective subsidy, with no possibility of accumulation between parents.
Another point is housing assistance. Although the STF’s thesis expressly ruled out this type of payment, the benefit has been reintroduced through the new resolution.
“This practice directly contravenes a decision of the highest instance of Brazilian Justice through administrative regulations”, stated the executive director of Transparência Brasil, Juliana Sakai, who points out a series of weaknesses in the text.
In her assessment, the measures may be used to circumvent the ceiling defined by the STF and disregard understandings already consolidated by the court.
The Supreme Court’s decision established two distinct provisions for penduricalhos. In the first, the court established that there is a comprehensive list of compensation funds that may be paid to magistrates and prosecutors. This combined amount cannot exceed 35% of the salary ceiling of the respective employee.
A second rule that validates payments outside the ceiling is the one that provides for an extra amount referring to “valuation based on career seniority”. For every five years that the judge or prosecutor has actually worked in their career, an amount of 5% of their salary will be added — respecting the limit of 35%. This applies to active and retired people.
According to Juliana Sakai, retroactive values should also be included in this limit of 35% of additional benefits, but they do not appear explicitly in the CNJ and CNMP resolution, which may indicate non-compliance with the rule.
The rule also does not provide that payments to judges for teaching activities are not included in the ceiling, removing these values from the calculation base that should comply with the legal limitation.
“In the current rule, only two types of benefits are named, leaving a series of other issues in legal limbo. This raises doubts about whether these hidden values could end up even further exceeding the ceiling allowed by the STF”, says Sakai.
