The president of the (Supreme Federal Court, , suspended this Thursday (26) the judgment on the salary caps of public servants. Meanwhile, the two preliminary (provisional) decisions that suspended the payment of funds remain in force.
Fachin informed that the session on the subject will resume on March 25, along with other processes that deal with the same topic.
The rapporteurs of the two injunctions that would be judged, and, also agreed to adjust to 45 days, counting from February 23rd, the deadline for the heads of Powers and autonomous bodies to review the amounts paid outside the ceiling to their employees, detailing the value, the calculation criteria and the law that underlies them.
The period agreed between them was proposed by Gilmar, who suspended the period for members of the Judiciary and the Public Ministry. Dino’s injunction provides for the end of compensation payments paid above the ceiling for public servants at all levels of the federation.
This Thursday, Gilmar decided to release, for 45 days, the payment of administratively recognized retroactive payments that were already scheduled for the period. The dean warned, however, that any advance or financial reprogramming will be considered fraud, subject to punishment.
In the decision handed down last week, the dean had determined the immediate suspension of retroactive payments for employees of the Judiciary and the Public Ministry, but decided to go back on this point after a warning made by the AMB (Association of Brazilian Magistrates).
The entity stated that there would be no way to immediately suspend the retroactive payments before the period set by Dino to re-examine the issues had concluded. Therefore, the two made the deadlines uniform. Any retroactive payment made after 45 days may also give rise to administrative and criminal liability, warned Gilmar.
“To put it clearly: financial reprogramming with the aim of concentrating, accelerating or expanding disbursements is not authorized, nor is it the inclusion of new installments or beneficiaries not included in the original planning.”
The magistrate also determined that all courts in the country, including the superior ones, and the (Attorney General’s Office) be appointed, urgently, to comply with the measure.
Upon agreeing to adapt to Gilmar’s deadlines, Dino stated that “news arrives all the time” about attempts to pay for new installments. He defended that bodies and courts should have “modesty” until the STF “arbitrates this very acute controversy brought before the court today.”
The minister also declared that the compensation funds hinder the careers of current magistrates, harming all civil servants structurally.
“Minister Gilmar alluded to the chaos, which means that we no longer have parity and completeness in relation to inactive people and this hinders the careers of current magistrates, because no one retires. It’s not about win-win. It’s about lose-lose,” he said.
In São Paulo, the Attorney General of Justice, Paulo Sérgio de Oliveira e Costa, said in a message to prosecutors and prosecutors that “payments made monthly will follow their normal course, with no type of reduction of these funds for any member of the institution”.
“In the case of the MP-SP, each and every payment is triggered by a legal command, a judicial decision or a rule established by the control bodies based on current legislation. This panorama did not change in the session that just ended at the Supreme Court.”
CONGRESS CONSIDERS SHORT TERM
The change in deadlines frustrates a request from , which will have to issue a law that regulates which funds could exceed the ceiling. The determination to the Legislature was given by Dino on February 5, when he had determined the deadline of 60 days.
The president of the STF met on Tuesday (24) with the presidents of the Chamber, , and , , to discuss the issue. They agreed to create a transitional rule on payment for penduricalhos.
According to interlocutors of those present at the meeting, Motta and Alcolumbre signaled that the 60 days determined by Dino to issue a law on the subject is a short and practically unenforceable deadline, given other priorities of the Legislature and the tight calendar due to the election year.
Edson Fachin made a reference to the meeting with the heads of the Senate and Chamber when announcing the suspension of the trial and stated that “the uniform resolution of the problem within the deadline required by the decisions will require a joint effort from the three Powers”, since the National Congress has not yet enacted a law that governs the issue. The president of the STF also said that the court “will give the last word”.
In a note released on Thursday night, the STF stated that Fachin sent a request to the Lula government, as well as Motta and Alcolumbre, to nominate their representatives for the commission that will propose the transition rules. It also adds that it will have 30 days to submit a proposal.
It also says that the representatives of the Judiciary will be the secretary general of the STF, Roberto Dalledone Machado Filho, and the secretary general of the CNJ (National Council of Justice), Clara Motta.
On March 25th, the referendums on the Dino and Gilmar injunctions and other related cases should be judged, such as a law in Santa Catarina that compensates prosecutors who use their own vehicles and a rule in Paraíba that links the judges’ allowance to 90.25% of the STF minister’s salary.
Fachin also asked that all offices check whether they have similar processes so that they are all examined together by the plenary. The objective of the president of the STF, according to his assistants, is to unify all decisions on the topic and rationalize the debate.
As shown by Sheetthe tendency of the STF plenary was to endorse the injunctions, but the postponement ended up being agreed between Fachin and the ministers before the session.
