Civil society entities assess that the thesis of the (Supreme Federal Court) on penduricalhos, is already undergoing a process of emptying by the court ministers themselves, the result of a corporatist culture.
This Friday (26), the ministers , , and presented one that had been rejected in the March decision. They were followed by the president of the court, in a trial that runs until Tuesday (30) in the virtual plenary.
In the vote, they defend the authorization of the payment of additional payments such as unused vacations, judicial shifts, paid leave and The amounts still remain subject to the limit of 35% of the judge’s basic salary.
“It is another step towards weakening the STF’s thesis, which was not enough to resolve the issue and, even so, is being further weakened”, says Fernanda de Melo, specialist in government relations at República.org.
In April, the first flexibility had already taken place. That month, the (National Council of Justice), extra payments that are used to circumvent the ceiling of R$46,366 for civil servants.
In Melo’s view, the payment of retroactive amounts causes a series of consequences: the first, and most immediate, is the budgetary impact, which is linked to a crisis of confidence in the Judiciary. “We know that those who receive super salaries make up 1% of the workforce, but other people in the public sector end up suffering from the stigma.”
For Cristiano Viana, project coordinator at Transparência Brasil, it is good news to know that daycare assistance and food assistance would continue to be prohibited, if the majority agrees with the ministers’ vote. However, he considers any type of flexibility when it comes to trinkets to be bad.
The solution, says Viana, would be Congress, but the most advanced project on the issue of super salaries is unreasonable, as it would increase the number of benefits for civil servants.
Government relations manager for Movimento Pessoa à Frente, Lucas Porto highlights points that he considers problematic in the ministers’ votes.
Firstly, the conversion of vacations and licenses into remuneration, considering that judges have 60 days of vacation. The risk, according to Porto, is twofold: releasing payments that were accumulated before the thesis and creating future loopholes.
Still according to his reading, the second point of risk is the CNJ regulating the Supreme Court’s notes following a more permissive trend towards the class.
The third point refers to the possibility of the judge accumulating more than one type of benefit for overwork. In March, the STF understood that accumulating bonuses would not be allowed.
There is still a fourth problematic issue, according to Porto. In the vote, the ministers defend the immediate implementation of the so-called five-year period, which increases civil servants’ salaries every five years. They also propose that the benefit will be granted automatically, without the need for the magistrate to make a request.
“These are funds that reward the criterion of time, in contrast to good people management practices in the public sector.”
Movimento Pessoas à Frente, República.org and Transparência Brasil are some of the entities that mobilize on the issue, promoting studies and signing manifestos. So far, however, the actions have not had the effect they desired.
“I don’t think the issue of pendulics is a lost battle, it can’t be. The STF ministers themselves had the impulse to regulate this issue, but there is a very large corporate force that looks at the benefits of a career without the whole of public administration”, says Porto.
