Ministers , , and , of the STF (Supreme Federal Court), issued a new joint warning about what they consider to be a “dribble” in the court’s decision that limited salary caps. Among the scams is the reclassification of districts as “difficult to access”, which usually generates compensation.
The four orders published this Friday (8), identical, also prohibit the receipt of amounts in more than one paycheck. According to interlocutors of ministers Gilmar and Dino, one payslip for salary and another for bonuses is a practice considered common in legal careers, which makes due transparency difficult.
“Payments recorded in more than one paycheck are prohibited, and this single paycheck must be transparent and faithful to what is actually deposited in the bank accounts of members of the Judiciary, the Public Ministry, the Public Attorney’s Office, the Public Defender’s Office and the Audit Courts”, say the new decisions.
“Reviews, reclassifications or restructuring of districts, offices, functional units, positions and functions” are also prohibited, which includes “welfare and health benefits”. They recall that, in the trial, it was established that “compensation amounts are subject to the principle of legality”.
14 initiatives in courts and Public Prosecutor’s Offices in at least eight states have regulated or are discussing creating penduricalhos after the decision that . Additional benefits include bonuses for working in places that are difficult to find.
The ministers say that, since the issue was judged by the court’s plenary session, on March 25, “the new classification of districts as ‘difficult to fill’, changes in offices, new rules on functional shifts, accumulation bonuses, among other ways of circumventing legal and respectful compliance with the STF’s decision, have not taken effect.”
According to the judges, it was defined that the attribution to regulate compensation funds is shared only between the (National Council of Justice) and the CNMP (National Council of the Public Ministry), and it is not viable to delegate this prerogative to any other bodies, including higher courts.
“The model defined by the Supreme Court seeks to prevent the reproduction of practices based on remuneration comparisons between different bodies, with successive claims of equality, incompatible with fiscal responsibility and uniform compliance with the decisions of this Court”, say the ministers.
They state that, when all adaptations and revisions determined by the STF are completed, “there will be new deliberations on restructuring, reclassifications and the like”. The final message is that “everything must be properly published on the Transparency Portals, under penalty of liability”.
An alert had already been made on Wednesday (6), when Moraes, Zanin, Dino and Gilmar declared that they supported the court’s thesis on .