The AMB (Association of Brazilian Magistrates) asked the (Supreme Federal Court) on Sunday (26) that the courts have a period of at least 30 days to apply the rules, but requested that the payment of the tax not be interrupted.
According to the entity, the bodies are having difficulty “understanding and operationalizing” the thesis that established that compensation funds in the Judiciary and the Public Prosecutor’s Office should be subject to a limit of 70% of the civil servants’ salary and, therefore, they have demanded that the AMB file an appeal to clarify sections of the rule set by the ministers.
The rules were defined by the STF at the end of March and are now valid for the base month of April, with payment in May.
The association wants the 30-day period for adjustment to start counting from the judgment of the motions for clarification (type of appeal that questions obscure points of decisions) that may be presented.
Despite asking for the thesis established by the court to be suspended, AMB wants the section that refers to additional payment for length of service not to be affected.
“It is of the utmost importance that item 5 of the thesis, pertinent to the portion of appreciation based on seniority in the career (PVTAC), be removed from this request, given the urgent need to mitigate the drastic effects of the decision by reducing the values of the remuneration structure of the entire judiciary, resulting, for example, from the suspension of payments of liabilities, which were the only funds received extraordinarily by retirees and pensioners”, says the entity.
The so-called “appreciation portion of career seniority” cannot exceed 35% of the ceiling. The limit will be paid, with a transfer of 5% every five years, to anyone who has 35 years of service or more, active or inactive, and proves their right to the pension.
The association’s request was presented in two actions reported by minister Alexandre de Moraes. The entity asks that the decision be given individually, with a referendum in the virtual plenary – where there is no discussion and ministers just cast their votes.
In the document presented to the court, AMB argued that the trial ruling has not yet been published, which makes it difficult to analyze what was decided in order to point out the sections that will be questioned in the motion for clarification.
“It would be pretentious, hasty and, why not say, disrespectful to offer embargoes to declare the collective decision of this STF, before the publication of the ruling, in the face of a matter that involved so many autonomous issues treated in a way, some of them, innovative”, he states.
“What is certain and AMB can attest is that the courts are having difficulty complying with the decision of this STF without such compliance violating the rights of judges due to a possible misunderstanding of the decision”, he adds.
On March 25, the Supreme Court defined that compensation amounts (which include payment for untaken vacations and accrual of jurisdiction) cannot exceed 35% of the server’s remuneration. In the case of STF ministers, who receive the constitutional ceiling, this amount represents R$16,228.
In addition to limiting these allowances to up to 35%, the ministers agreed to allow the payment of the additional payment for length of service.
The proposal was presented in the judgment in a joint vote by , , and , rapporteurs of actions on the topic. The ministers were accompanied by , , , , and .
In April, the (National Council of Justice) and the CNMP (National Council of the Public Ministry) regulated the limit of restrictions on members of the Judiciary, but ended up also providing for the creation of new benefits.
With 18 points in total, the thesis established by the Supreme Court will be valid until Congress approves a law regulating this topic. The rule applies only to the judiciary and prosecutors, with some implications for other legal careers such as public lawyers.
The STF’s decision opened room for 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 provided for the creation of new compensation funds not covered by the thesis established by the STF.
