The National Council of Justice (CNJ) identified cases of magistrates with a monthly salary of more than R$1 million and, given the diagnosis, Minister Edson Fachin signed last Friday (5) an ordinance that creates a working group to review the payment system of the Brazilian Judiciary.
The measure focuses on the so-called “penduricalhos”, additional payments that allow salaries far above the constitutional ceiling and which have been a source of criticism of the Judiciary for years. A survey by the CNJ itself identified the existence of more than 500 different records of these funds, paid with different nomenclatures between the courts.
The declared objective of the working group is to carry out studies on legislative proposals regarding the remuneration of the judiciary and its impact on the improvement of the remuneration system for the national public service. The panel will be made up of members of the judiciary, in addition to representatives from the Public Ministry, Public Defenders, National Congress and the Federal Court of Auditors, with a deadline of 180 days to deliver the final report.
In the ordinance, Fachin described the current distortion as the use of compensation funds with the effects of remuneration funds, with the aim of overcoming the gap in the remuneration ceiling, and the recognition of functional liabilities that are not always properly supported in the interpretation of current regulations.
The initiative adds to previous measures adopted by the CNJ in the same direction. At the end of May, the CNJ plenary unanimously approved the creation of a single paycheck for magistrates in all courts in the country, with a period of 60 days to adapt payroll systems.
The resolution creates a fixed list of nomenclatures for each remuneration amount and prohibits the creation of new types of benefits or the use of different names for aid without authorization in federal law.
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The context also involves STF decisions. In February, Minister Flávio Dino ordered the suspension of compensation funds without express legal provision in any of the three Powers, and the STF Plenary consolidated the measure in March, establishing a 60-day deadline for public bodies to review their benefits.
(with Agência Brasil)