The judges and prosecutors who may include in the calculation of the benefit exercised before entering the career.
On March 25, the STF plenary resolved and determined that extra payments must be a maximum of 35% of the amount that ministers receive. On the other hand, a payment that was known as a five-year period and was considered as compensation until the Legislature enacts a law on the subject.
For every five years of work, magistrates and prosecutors will receive an additional 5%, up to a ceiling of 35% of the subsidy they receive. This is, in fact, a recreation, as in 2006 a constitutional amendment had extinguished this payment.
When recreating this advantage, the STF wrote that the extra payment will be calculated based on the years of legal activity – that is, without specifying what the activity would be.
The MP-SP (of the State of São Paulo) sent a letter to prosecutors in which it asks that members who entered the career after January 1, 2008, present proof of legal activity.
Wanted by Sheet to answer whether the case deals with legal activity outside the MP-SP, the body only responded that it is strictly complying with what was decided in the thesis established by the STF on March 25th in relation to the subsidy regime for members of the institution.
A maximum of 15 years of non-career legal work can be counted towards the additional payment for time served.
Before the five-year period was abolished, there had been a rule since at least 1993 that determined that the time spent as a lawyer was added to the time in public service to calculate the amount of prosecutors’ additional pay. A similar rule was contained in the Organic Law of the Judiciary.
In 2006, with the constitutional amendment, the amounts were incorporated into the payments of magistrates and prosecutors, which became known as subsidies.
There were attempts to recreate the additional for length of service, but all were blocked until the 25th, when the STF resumed it.
Furthermore, this payment can now be made in addition to the ceiling, says Aracéli Rodrigues, partner at the law firm Cassel Ruzzarin.
“The STF’s decision made reference to the additional bonus for length of service provided for in complementary laws that were never expressly repealed, but ceased to be applied with the implementation of the subsidy regime. At the time of the regulation, the [Conselho Nacional de Justiça] issued resolutions indicating that these additional payments would be subject to the salary cap in the case of states that had not yet implemented the subsidy. The STF’s decision, however, appears to attribute compensatory nature to this portion.”
Lawyer specializing in administrative law Guilherme Stumpf states that there are two points in the STF decision that seem to contradict each other: on the one hand, it is stated that the decision comes into force this month, with effect from May. However, later it is stated that retroactive amounts, prior to 2026, can only be paid if there are resolutions from the CNJ and CNMP (National Council of the Public Ministry) and, subsequently, endorsed by the STF itself.
CASCADE EFFECT
The bonus for length of service for Executive Branch employees ended, due to legislative change, in the 1990s.
With the STF’s decision that creates an advantage for magistrates in the form of compensation, the civil servants decided to resume the pressure to also receive the advantage.
Fonacate (Permanent National Forum of Typical State Careers) has already stated that it will deal with the additional payment for length of service with the MGI (Ministry of Management and Innovation).
The entity is preparing a legislative project to recreate the advantage.
“It doesn’t make sense for the judiciary to pay additional payments for length of service and other Brazilian public servants don’t receive it, so this has to be discussed again”, stated, in a video, Rudinei Marques, the entity’s president.
