The Federal Supreme Court (STF) formed a majority, this Saturday (7), to release payment of part of the compensation fundsknown as “hangings”a magistrates and members of the Public Ministry. With the vote of Minister Luiz Fux, the Court reached the score of 6 a 0 to authorize the receipt of retroactive amounts of vacation, premium licenses e judicial shifts that were suspended.
The decision establishes that these payments can be made as long as the National Council of Justice (CNJ) or the National Council of the Public Ministry (CNMP) have verified the legality of the funds. The values refer to accumulated periods before the definition of the Court’s new rulesin March this year, and which were not used due to public service needs.
The trial takes place in the virtual plenary and analyzes appeals from the Attorney General’s Office (PGR) and professional entities against restrictions previously imposed by the STF.
O — ministers Alexandre de Moraes, Cristiano Zanin, Flávio Dino and Gilmar Mendes — made previous rules more flexible, allowing, for example, conversion of in-person shifts into cash ea accumulation of bonuses for acting in difficult-to-serve districts.
The ministers who make up the majority proposed that the payment of these compensations respect a 35% limits of the civil service ceiling – currently at R$46.3 thousand. However, minister Luiz Fux opened a partial divergence regarding this point. Fux argues that there should be no ceiling on the payment of rights already acquiredsuch as unused vacations and licenses, arguing that compensation must be comprehensive.
The majority vote also validated the Valuation by Career Seniority (PVTAC), a benefit similar to the five-year period, which grants an additional 5% for every five years workedlimited to 35%. The benefit will be paid automatically, including to retirees, until the CNJ and CNMP issue specific rules.
Prohibitions
Despite the release of several funds, the ministers maintained the prohibition of payment of food aid, preschool assistance e daycare allowance requested by associations. It was also prohibited to use of the same service time for the simultaneous calculation of different additional payments of antiquity.
In addition to the rapporteurs and Luiz Fux, minister Edson Fachin also voted in favor of releasing the funds. The virtual trial is scheduled to end on Tuesday (30). The votes of ministers Cármen Lúcia, André Mendonça, Nunes Marques and Dias Toffoli still remain.
