The retired labor judge, Cláudia Márcia de Carvalho Soareswho defended the penduricalhos in the Judiciary, said that the examples used during the oral argument in the STF (Supreme Federal Court) had “exclusively didactic” purposes. The judge complained that judges.
“When circulating in isolation [as falas]outside the argumentative chain, produced a reading that shifts the institutional debate to the individual field. The result was the simplification of a complex topic, the essence of which is legal certainty”, he informed in a note.
According to her, the same happened with the disclosure of amounts received by her in a specific month. . “The amount brought together installments of different natures, regular salary, thirteenth salary and administrative liabilities accumulated over decades and paid in installments, always with authorization from the Superior Council of Labor Justice. The exceptional sum was converted into a usual parameter, which does not correspond to reality”, explained the judge, who received R$ 709 thousand in the year.
Still according to the retired judge, who presides over the ABMT (Brazilian Association of Labor Magistrates), public criticism is legitimate and necessary. “Distortion of content does not contribute to democratic debate.”
In the note, Cláudia Soares also highlights her career in public service.
“It began in 1989 and was built entirely through competitions, reconciling work and study until the magistracy. There are more than three decades in the Regional Labor Court of the 1st Region, and almost twenty years as a judge, working in the interior and capital. An academic training that includes two degrees, master’s degree, doctorate and post-doctorate. All carried out with intense physical, mental and financial effort. It is the classic path of those who found the path to republican ascension in education”, he pointed out.
Understand the case
During trial at STF regarding the benefits paid to public servants, she harshly criticized what she called “almost nothing” the benefits received by judges.
“First-degree judge doesn’t have a car, he pays for the fuel out of his own pocket, the financed car, anyway. He doesn’t have a functional apartment, he doesn’t have a health plan, he doesn’t have a cafeteria, he doesn’t have water and he doesn’t have coffee”, she began in the first trial session of the injunctions on the suspension of payment for trinkets in the public service.
And he added: “The judge also has almost nothing, except a car, he barely has a snack.”
The STF decides whether to endorse the decisions of ministers Flávio Dino and Gilmar Mendes, who suspended the payment of compensation amounts not provided for by law — the so-called “penduricalhos” — used to exceed the constitutional ceiling for public service, currently set at R$ 46,366.19.
The trial began this Wednesday (25), but no votes were cast. The session was dedicated to oral arguments from associations and entities interested in the case. The expectation is that the ministers will speak out when the analysis is resumed.
When opening the proceedings, the President of the Court, Minister Edson Fachin, stated that the payment of amounts above the ceiling is a “tormentous” issue and that “requires a rapid response” from the court.
