The (Supreme Federal Court) approved this Wednesday (25) a broad thesis on payments and trinkets for members of the Judiciary and the . With 18 points in total, it will be valid until the moment Congress approves a law regulating the topic.
Although the judgment was guided by the ministers and they were very critical of payments exceeding the ceiling, in practice, the result obtained legitimizes a series of payments exceeding the constitutional ceiling.
This thesis applies only to judiciary and prosecutors, with some implications for other legal careers such as public lawyers. Understand the STF decision:
What’s the discussion about pendants?
The constitutional ceiling for public service is set at the salary of a STF minister, which is currently R$46,366.19. Under the argument of a lag in the amount received, many public careers began to accumulate extra payments, through the creation of compensation installments.
This type of payment is not subject to the constitutional ceiling because, in theory, it serves to compensate for specific expenses incurred in carrying out the role. Classic examples of these compensation payments that would be considered legitimate are daily allowances for business trips or allowances for changing work locations.
that there was an “anomalous multiplication” of funds classified as compensation —and, therefore, outside the ceiling—, which in practice would function as salary supplements.
What did the STF decide?
Until Congress enacts a law regulating the issue, the STF has established a series of funds that can be paid to judges and prosecutors, even if these amounts exceed the constitutional ceiling, and has prohibited others.
What amounts can be paid in addition to the ceiling?
In extreme cases, there may be an extra payment of up to 70% of the ceiling. This is without counting funds such as 13th salary, additional vacation, health benefit, permanence bonus and extra bonus for electoral duties. There are two distinct predictions established by the court:
- The STF established that there is a comprehensive list of compensation funds that may be paid to magistrates and prosecutors. This combined amount cannot exceed 35% of the salary ceiling of the respective employee.
- A second rule that validates payments outside the ceiling is the one that provides for an extra amount referring to “valuation based on career seniority”. For every five years that the judge or prosecutor has actually worked in their career, an amount of 5% of their salary will be added – respecting the limit of 35%. This applies to active and retired people.
What hangings are allowed?
The ministers stated that the compensation amounts that the decision foresees as permitted are all provided for by law. The sum of these payments could not exceed 35% of the salary received by the respective employee. They are:
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Cost assistance in case of transfer of court or district
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Daily
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Promotion or appointment with change of legal domicile
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Payment for teaching
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Bonus for working in a difficult-to-serve district
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Vacation not taken, maximum of 30 days
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Bonus for cumulative exercise of jurisdiction (when the judge, for example, acts in more than one court)
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Any retroactive amounts recognized by judicial or administrative decision prior to February 2026
Which pendants are prohibited?
The STF stated that other frills, such as compensatory licenses and other indemnity funds or aid provided for in administrative decisions, resolutions, state laws and even in laws for these careers are unconstitutional and must cease immediately.
As an example, the ministers listed part of the vetoed payments for magistrates and prosecutors. Below are some of them:
- Christmas aid
- Fuel aid
- Compensatory license for collection accumulation
- Compensation for collection
- Bonus for exercising locality
- Housing assistance
- Food aid
- Compensatory leave for relevant administrative and procedural functions
- Compensatory leave of one day off for three employees
What are the next steps for this transition rule?
It will be up to the (National Council of Justice) and the CNMP (National Council of the Public Ministry) to standardize the headings of compensation and aid funds that were declared constitutional by the Supreme Court. There will therefore be a kind of single listing for these two careers.
There will also be an audit by the two councils, which are suspended for part of the cases.
What did the court rule about other legal careers?
The Audit Courts, Public Defenders’ Offices and Public Advocacy Offices must respect the constitutional ceiling and the creation or maintenance of restrictions established by resolution or administrative decision is prohibited.
The court also defined that, as is the case with members of the AGU (Advocacy General of the Union), it cannot exceed the constitutional ceiling. He also said that the funds used to manage these fees are public in nature.
And the other Powers?
The STF’s thesis specifies that it does not extend to other public service careers, and its extensive application or by analogy is prohibited. It also adds that, until Congress approves a national law, the candidates for other careers will continue to follow the respective statutory laws or the CLT, depending on the case.
What else did the STF decide?
The court decided that the creation and alteration of remuneration, compensation or aid funds can only be carried out by federal law or by decision of the Supreme Court itself.
