Minister Flávio Dino, of the Federal Supreme Court (STF), stated this Thursday that “there are already new asymmetries” in the Judiciary after the Court’s decision that limited the payment of penduricalhos to magistrates and members of the Public Ministry. According to Dino, such “asymmetries” are formed in a “kind of arrival account”.
— As if the limit of up to 35%, up to 35%, had become a new floor. And then new creativity begins to reach this level. So, before a new chaos ensues, it is important that we can have the debate briefly, before we have a situation full of tangles and confusion again. And I see this, the creation of new installments, even different from what was decided — said the minister.
The consideration occurred after minister Alexandre de Moraes indicated, during this afternoon’s plenary session, that he will await the publication of the ruling on the penduricalhos trial to decide on the request from judicial entities for the STF to postpone the implementation of the decision that limited the payment of these funds.
Associations that represent judges maintain that the courts are facing “difficulties” in “understanding and operationalizing” the Supreme Court’s decision that established which compensation amounts can be paid to magistrates, as well as a 35% ceiling for the disbursement.
On the other hand, the magistrates ask that this eventual suspension does not cover the return of the Additional Time of Service (ATS), the 5% increase in the magistrates’ allowance for every five years of activity, up to a limit of 35%. The appeal is for the benefit, renamed as “appreciation installment for career seniority”, to be implemented “immediately”, starting this month.
This afternoon, Moraes stated that he will wait for the publication of the STF ruling on the matter before deciding on the extension requested by the judges. The STF established that the limit for the payment of penduricalhos would be valid from the April remuneration, paid in May to the judiciary.
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The judges want this deadline to be postponed for at least 30 days from the eventual judgment of the appeal that the entities will present. Furthermore, they argue that the operationalization of the ceiling only occurs one month after this entire process.
The minister even talked about the matter with the president of the Court, Edson Fachin, during the break in this afternoon’s session. Fachin said he “subscribed” to Moraes’ proposal. Dino then signaled that he would also wait to deliberate on the request, as he considered this the “most prudent position”.
According to Moraes, the publication of the ruling awaits statements from some STF ministers. He signaled that, as soon as these contributions are released, “it will be good” to publish the document. The minister stated that the courts “mostly cut” what was determined by the STF, but have not yet implemented the new ATS because “they did not have the possibility or agility”.
— This created an imbalance, because there was a cut, the arrears were also cut because they are being analyzed by the councils — he explained.
