On March 25, the Court extinguished 15 of these extra benefits, and maintained only eight amounts of compensation.
The ministers of the Federal Supreme Court (STF), Flávio Dino, Alexandre de Moraes, Gilmar Mendes and Cristiano Zanin reiterated this Wednesday (6) that it is “the creation, implementation or payment of any installments of a remunerative or indemnity nature is absolutely prohibited” of the famous “hangings”.
In the decision, the ministers highlighted the obligation for the Courts, Public Ministries, Audit Courts, Public Defenders and Public Attorneys of the Union, the States, the Federal District and the Municipalities to publish, monthly, “on their respective electronic websites the exact value perceived by its members, indicating the respective items, under penalty of managers being liable for discrepancies between the amounts disclosed and those actually paid.”
According to the decision, the restrictions must be applied immediately by the Judiciary and Public Ministry bodies. However, as shown, after the STF trial, public bodies tried to create a type of “duplex ceiling” to circumvent the constitutional limit of R$46,300 per month, including in the Chamber and the Senate.
On March 25th, the STF extinguished 15 of these extra benefits, and maintained only eight amounts of compensation, that is, intended for reimbursement of expenses, and not for salary increases.
The Court also established that the sum of these amounts cannot exceed 35% of the magistrates’ allowance, also respecting the public service ceiling, currently set at R$46,366.19, equivalent to the salary of Supreme Court ministers. In practice, the decision allows for an increase in remuneration to up to R$78,700.
Until Congress enacts new legislation on the subject, civil servants in general remain bound to the Statutory Regime, within the limits already provided for by law. There is no forecast for voting on a new standard, especially because Brazil is in an election year.
A working group, made up of representatives from the National Council of Justice and the National Council of the Public Ministry, is responsible for implementing in a coordinated manner the guidelines set by the STF. The objective is to ensure uniformity in the application of rules and strengthen control and transparency mechanisms in the payment of subsidies and benefits.
*With information from Estadão Conteúdo