With the votes of Fachin and Fux, the majority of ministers authorize the payment of benefits and a new five-year period; Trial continues until June 30
The STF (Supreme Federal Court) has a majority of 6 votes to authorize the payment of retroactive. The votes of ministers Luiz Edson Fachin, president of the Court, and Luiz Fux validated, this Saturday (June 27, 2026), the understanding to release payment for vacations, bonus leaves and shifts prior to the March trial.
The Court’s virtual plenary session began on Friday (June 26) with a joint vote by Gilmar Mendes, Alexandre de Moraes, Cristiano Zanin and Flávio Dino on the appeals against the decision that releases up to 70% of the payment of extra-constitutional amounts for members of the Judiciary and the Public Ministry.
On March 25, the plenary decided that the payment of benefits called “compensation”, which inflates the salaries of judges and members of the Public Ministry, up to 35% of the ceiling will be allowed, with a further 35% received as a bonus for time served – every 5 years in their career, judges earn an additional 5%.
Now, the ministers are analyzing a series of appeals presented about possible omissions and obscurities in the wording of the ruling.
The rapporteur ministers authorized the immediate payment of the “appreciation portion based on seniority in the career”under the acronym PV TAC – in practice, the benefit follows the five-year logic, which adds an increase to salaries every 5 years. Read the of the joint vote (PDF – 209 kB).
The magistrates also allowed values considered as “indemnity” vacations, paid leave and shifts, as long as the amounts do not exceed 35% of the constitutional ceiling.
Read the points of change in the votes:
- reimbursement of accrued vacation and leave – Magistrates and members of the Public Prosecutor’s Office will be able to receive cash for vacations, paid leave and shifts accumulated before the trial. Conversion will only be permitted if rest has been denied by “absolute public interest” and the total compensation funds cannot exceed the ceiling of 35% of the monthly allowance;
- end of fixed-value health aid – the Supreme Court barred the payment of fixed monthly installments as health aid. From now on, the amount will be strictly compensatory in nature and will operate through a reimbursement system, requiring detailed proof of health expenses for the operator of the right and his or her dependents;
- limit for the sale of shifts – days worked during court shifts or custody hearings can only be converted into cash on an exceptional basis, with a maximum limit of 30 days per year. Furthermore, payment is restricted to in-person or virtual shifts in which there was an effective summons to carry out procedural acts;
- fine-tooth comb and resumption of retroactive payments – payments of liabilities prior to February 2026, which were suspended, gained a return schedule. The National Justice Inspectorate will have 30 days to send a detailed report auditing the legality of these funds. Payments will only be effectively released after the STF Plenary referendum;
- bonus for case accumulation – The accumulation of the bonus for overwork is allowed with the payment for accumulation of rods. The condition: double payment is only legal if there is a real increase in the entry of new processes, with bonuses being prohibited for departments that only have accumulated shares in stock;
- additional for isolated districts – the sum of the difficult-to-access bonus is authorized with the compensation for accumulation of courts, as long as the constitutional ceiling is respected. The condition: the benefit map has been frozen; new concessions are suspended until the CNJ (National Council of Justice) and the CNMP (National Council of the Public Ministry) create a unified national rule.
The ministers’ vote is under analysis by the Court’s plenary until June 30. From July 2nd, the Judiciary enters a mid-year recess.
