After the (Supreme Federal Court) was abolished almost 20 years ago for members of the Judiciary and Public Prosecutor’s Office, other public service careers plan to claim the right to the benefit.
The president of Fonacate (Permanent National Forum of Typical State Careers), Rudinei Marques, told Sheet that the extension of the budget to other categories will be taken to the government (PT) this Thursday (26).
Fonacate, which brings together associations of civil servants such as diplomats, delegates and Legislative employees, will take the topic to a meeting of the MNNP (National Permanent Negotiation Table) — coordinated by the Ministry of Management and Innovation in Public Services.
Marques stated that the STF’s decision creates “differential treatment” between careers. “It doesn’t make any sense for a group that already has the highest salaries to receive the additional and the rest don’t,” he said.
“We are all civil servants, we contribute with our work so that the Brazilian State fulfills its functions. We are already going to take our proposal to resume additional service time for all civil servants to the meeting of the national government table”, he declared.
as to Sheetthe court’s verdict was received with concern by the Lula government. Although the rule approved by the STF is temporary, the Executive already foresees not only difficulties in reversing the benefit, but also pressure from other federal careers to obtain the same type of treatment.
In the decision in which it approved applying the additional payment for length of service to Union judges and prosecutors, the STF prohibited the extension of the benefit to other public service careers.
Therefore, according to Rudinei Marques, Fonacate will propose that the PEC (proposed amendment to the Constitution) to recreate the so-called five-year period, which grants additional remuneration to judges and prosecutors for every five years of service, covers all civil service careers.
The text was presented in 2023 by the then president of , (-MG), but is stuck in Congress due to the unpopularity of the topic.
“O [presidente do STF, Edson] Fachin came in saying he was going to moralize the deal, but extended a benefit to the Judiciary. There is no reason not to extend it to the rest of the 12 million Brazilian public servants. Why is a judge better than a police officer who works in public security, a doctor who is saving lives, than someone who works in strategic areas of the Brazilian State, such as taxation, spending control and many other areas?”, asked the president of Fonacate.
The five-year PEC was approved by the Constitution and Justice Committee (CCJ) of the Senate in 2024, but was not deliberated by the plenary. The PEC rapporteur, senator Eduardo Gomes (PL-TO) says that the topic is under discussion in Congress and should move forward following the STF’s decision.
“The STF’s decision creates the appropriate environment for debate in Congress. There is no harm in what was decided, it is a first step towards a more efficient system. It creates a parameter so that, given a clearer picture, Congress can define it in conversation with society, with careers and with the STF itself”, he told Sheet.
“There will be an opening for debate and for more modern legislation, which makes clear the protection of public careers, but without creating space for exaggerations”, he added.
Eduardo Gomes says that, after the Easter holiday, the Senate should debate the topic. Other senators, however, do not see the PEC as a priority issue in the coming weeks.
UNDERSTAND
The so-called penduricalhos in the Judiciary and the Public Ministry must be paid up to a limit of 70% of the salary of the employees of these bodies.
In practice, the court agreed to allow the payment of another additional payment, based on length of service, called the “career seniority appreciation installment”. The amount of the amount cannot exceed 35% of the employee’s remuneration.
The five-year period was abolished by an amendment to the Constitution approved at the end of 2003, during Lula’s first term. The extinction came into effect in 2006, after the regulation of the STF minister’s allowance and resolution of the CNJ (National Council of Justice).
Since 2023, the Executive has had to act in Congress to block the progress of the PEC to recreate the benefit. The proposal was used as a bargain in the negotiations for the approval of a bill against penduricalhos, a flag defended by the Lula government and which did not advance in the Legislature due to resistance from parliamentarians and pressure from the affected categories, including the Judiciary.
Furthermore, the court also established that compensation amounts (which include payment for untaken vacations and accrual of jurisdiction) cannot exceed the same percentage.
In the approved thesis, the STF ministers established that the rules do not extend to other public service careers and prohibited them from being adopted for other categories by extensive application or by analogy.
“The compensation installments for other careers will continue to follow the respective statutory laws or the CLT [Consolidação das Leis do Trabalho]as the case may be, until the national law to be enacted by the National Congress comes into force”, says the text.
Carolina Linhares, from Brasília, collaborated
