Minister gave 48 hours for the agency’s Attorney General to comment on the payment of extra funds after the STF ordered the suspension across the country
Minister Gilmar Mendes, of the Federal Supreme Court (STF), charged this Friday (27) the Public Ministry of Rio de Janeiro (MPRJ) with the release of extra funds paymentsknown as “hangings”after the Court ordered the suspension. The magistrate gave 48 hour deadline for the agency’s Attorney General, Antonio José Campos Moreira, to speak out.
A Young Pan contacted the MPRJ, but did not receive a response at the time of writing this report. The space remains open.
In the same order, Gilmar Mendes determined that all attorneys general in the country respect the . The magistrate also requested the National Inspector of Justice, Minister Mauro Campbell, and the National Inspector of the Public Ministry, Rodrigo Comin, to send information within 48 hours about the “guidelines issued for the faithful implementation of the decision” to stop paying extra funds.
Gilmar Mendes also recalled the decision made on Monday (23) that Only “administratively recognized retroactive amounts that were already regularly scheduled” could still be paid.. The minister added that he is “financial reprogramming is prohibited with the aim of concentrating, accelerating or expanding disbursements” as well as “inclusion of new installments or beneficiaries not covered” no plano original.
Finally, the judge warned that Any non-compliance constitutes an “act that violates the dignity of justice”. If any body insists on making payments outside the new rules after the deadlines, the amounts must be returned and those responsible may face administrative and criminal proceedings.
Suspension of ‘hangings’ in the Three Powers
Minister Flávio Dino, from the STF, had granted an injunction, on February 5, to. The decision was taken based on a complaint filed by the Association of Municipal Attorneys of the Central South Coast of the State of São Paulo (APMLCS).
In the document, Dino talked about the inappropriate use of so-called “compensation funds”. “The unconstitutionality of several monetary benefits which, covered in the formal aspect of compensation installments or payment for exceptional service, were, in reality, disguised remuneration advantages”, wrote the minister.
O payment of “compensation funds” must be applied to servers when there is a need to recover expenses incurred as a result of work ordinary. Dino made it clear that they must be exceptional.
The minister highlighted that, in addition to the unconstitutional use of the funds, they are still higher than the salary cap and “are not computed for income tax purposes”.
Dino’s decision came two days after the and changes in the careers of Legislative servants. Therefore, these earnings exceed the ceiling of currently R$46,366.19, generating “super-salaries” that are unprecedented in Brazilian law and not even in the richest countries in the world.
What are ‘hangings’
the term is used to refer to compensation funds, bonuses and aid, being added to the base remuneration of public servants and magistrates. These values, in theory, make it possible to compensate for expenses related to the exercise of the function or to reimburse rights not enjoyed, such as the conversion of vacations into cash.
In practice, however, these benefits increase the value of wages and allow remuneration to exceed the ceiling provided for in the Constitution, which corresponds to the salary of a STF minister — currently R$46,300.
