Dino’s decision reignites debate in Congress on the end of penduricalhos

The decision by the Minister of the Federal Supreme Court (STF) Flávio Dino that determined the review and suspension of “hangings” not provided for by law in all Powers rekindled, in the Senate, the legislative discussion on the constitutional limit of remuneration in the public service. Rapporteur of the project that seeks to restrict payments above the ceiling, senator Eduardo Gomes (PL-TO) defends that the issue be treated together with other proposals that deal with benefits and salary exceptions.

— I think it’s important that we discuss it in a plural way. There is no point voting on a project that has consequences without a broader debate. We need to discuss with Alcolumbre. It is an opportunity to bring together all the articles that deal with the topic for us to debate. It’s not an easy and simple matter,” he said.

In the rapporteur’s assessment, the STF’s decision creates a favorable environment for Congress to move forward in regulating the constitutional ceiling, while preserving the Legislative’s space for deliberation.

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Dino's decision reignites debate in Congress on the end of penduricalhos

— The injunction is important because it is in force until a legislative decision is taken, and this should help to build a joint solution. It is not a power conflict, it is something legitimate to debate a subject and seek a better result — said Gomes.

In the decision, Dino recalls that the Constitution provides for the enactment of a law that specifies the types of compensation that can exceed the ceiling and determines that Congress takes the necessary measures.

Dino’s determination comes amid contradictory pressures on the public sector payroll. On Tuesday, Congress approved readjustments and expansion of bonuses for House and Senate employees with an estimated impact of R$790 million on the 2026 Budget, including linear increases of close to 9% per year and performance bonuses that can reach 100% of the base salary.

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Political reactions

Opposition parliamentarians praised the minister’s initiative, but directed criticism above all at the Judiciary, identified as the main focus of payments above the ceiling.

— Where there is more trouble is in the Judiciary. Congratulations to the minister. We always debate about this, and nothing stops us from continuing — said the leader of the PL in the Chamber, Sóstenes Cavalcante (RJ).

In the same vein, deputy Alberto Fraga (PL-DF) stated that the measure could affect magistrates who receive remuneration higher than the constitutional limit.

— There are few Chamber employees who have this, but if Dino’s decision reaches the Judiciary, judges who receive well above the ceiling, I completely approve. I think this is the responsibility of Congress, including that project by Rubens Bueno. But, as it has become fashionable for the Judiciary to usurp the powers of the Legislature, at least for that, put an end to the hassle — he declared.

Deadlock history

The discussion about super salaries has been going on for years in the Legislature. The main project that limits hangings was approved by the Senate in 2016, was amended by the Chamber and returned to the House, where it remains without a final vote. At the same time, proposals that expand benefits to Judiciary careers — such as the creation of the so-called five-year period — advanced at different times, highlighting the political difficulty of reconciling cost containment with corporate pressures.

In the Senate itself, administrative acts signed by the Presidency of the House in 2025 expanded performance bonuses and allowed the conversion of time off into compensation, opening up room for remuneration above the constitutional ceiling and generating questions at the Federal Audit Court (TCU).

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Congressional leadership has signaled that any containment measures should only move forward if accompanied by the analysis of proposals that expand benefits, a movement that helps explain the paralysis of the issue in recent years.

New institutional environment

In the decision, Dino determined that bodies at all levels of the Federation review, within 60 days, funds paid to civil servants and suspend those without legal basis. The minister pointed out that benefits classified as compensation have been used to exceed the civil service ceiling — currently equivalent to the salary of a STF minister — and demanded that Congress issue a law that defines which portions can effectively fall outside the constitutional limit.

For Gomes, the path involves broader political negotiation within the Senate. The rapporteur’s intention is to seek out the president of the House, Davi Alcolumbre (União-AP), to discuss the construction of an integrated agenda on remuneration in the public service, bringing together projects that deal with both the limitation of super salaries and the creation of new benefits.

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Behind the scenes, senators assess that pressure from the Judiciary could speed up the discussion, but recognize that the topic involves strong corporate resistance and relevant fiscal impact — factors that historically make voting difficult.

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