The Federal Supreme Court (STF) has nine votes to release the payment of part of the “penduricalhos” to magistrates and members of the Public Ministry (MPs). These benefits are compensation payments paid in addition to formal remuneration and which, in some cases, exceed the public service ceiling, currently worth R$46,366.19.
In March, the Supreme Court had blocked these payments, but a barrage of embargoes led to the current judgment of these appeals, most of which were filed by professional associations in the affected categories.
On Friday, the 26th, ministers Flávio Dino, Alexandre de Moraes, Cristiano Zanin and Gilmar Mendes had presented a joint vote for these declaration embargoes in which they relaxed some of the restrictions imposed in March.
InfoMoney Tool
Download now (and for free)!
Minister Edson Fachin followed the vote on the same date. On Saturday, the 27th, Luiz Fux agreed with his colleagues on some of the points, thus forming a partial score of 6 votes in favor of the release. Fux, however, defended that the benefits should be expanded even further than predicted in the votes of the first four votes.
Fux differed from his colleagues in establishing the maximum ceiling of 35% for additional funds to the salary. Another disagreement involves control over payments that were suspended with the changes in the rules. The joint vote suspends retroactive payments and determines that the National Council of Justice (CNJ) carry out an audit within 30 days and only then send the amounts to the STF, which will need to authorize the payment through a Plenary referendum.
This Monday, the 29th, ministers Dias Toffoli, André Mendonça and Nunes Marques voted. Everyone also agreed to expand the hangings beyond the limits suggested by Dino, Moraes, Zanin and Gilmar. All that’s missing is Cármen Lúcia’s vote to close the trial.
One of the ministers’ main setbacks was the authorization for courts and MP units to convert overtime spent on in-person duty into cash, as long as they meet the limit of 35% of the public service ceiling. In the case of virtual duty, magistrates and prosecutors will only be able to be paid for the hours in which they were actually called.
The ministers also voted to authorize permission for courts and Public Prosecutor’s Office units to pay for vacation periods, paid leave and judicial shifts acquired before the date of the STF decision that imposed limits on these payments.
The joint vote also recognized a “gig” requested by the Attorney General’s Office (PGR) that had been authorized in the Court’s previous decision: the valuation based on length of service in the career (PVTAC). The benefit follows the same model as the Additional for Time of Service (ATS), also known as five-year period, which grants an additional 5% in wages for every five years worked, up to a maximum of 35 years.
Continues after advertising
Another relaxation proposed by the ministers is the possibility of the PVTAC being paid simultaneously to the ATS, a “fixture” that uses the same payment criteria. The only prohibition imposed by the judges is the use of the same legal activity time for payment calculations. They justified that the ATS is remunerative in nature, therefore it could not be confused with the other benefit, despite similar criteria for payment.
The virtual trial runs until this Tuesday, the 30th.
