Courts of Justice and Public Prosecutor’s Offices in at least eight states have regulated or are discussing creating new restrictions following the decision of the (Supreme Federal Court) regarding magistrates, prosecutors and prosecutors.
A Sheet mapped 13 initiatives, in Bahia, Ceará, Mato Grosso, Minas Gerais, Pará, Paraná, Rio Grande do Sul and São Paulo.
Additional bonuses include incentive bonuses for difficult-to-fill positions, retroactive payments for length of service and early childhood benefits.
When questioned, the bodies that responded to the report defended the legality of the benefits. According to them, the additional payments are supported by the decision of the STF, at the end of March, and by the (National Council of Justice) and CNMP (National Council of Justice) issued in April.
The resolution classified as amounts of an indemnity nature, that is, outside the constitutional ceiling, bonuses for acting in a place that is difficult to provide; due to accumulation of duties; and protection of early childhood and motherhood, among other additional measures.
With the standard as justification, the Public Ministry of the State of Bahia (MP-BA) and that of São Paulo (MP-SP) created policies last month for filling out .
According to the MP-SP criteria, they can be defined by high turnover, complex assignments, security risk, positions vacant for more than one year or tenure for less than one year in the last three years.
According to the Panel column, . The Bahia standard cites a rate of 35%.
In a note, the MP-SP said that the measure aims to “establish incentives for the internalization and efficiency of the functions performed by the institution” and that the resolution “is fully in accordance with the understanding of the Federal Supreme Court”. The body also cites the CNJ and CNMP resolution.
The MP-BA says that the regulations are in accordance with the understanding of the STF and the resolution of the class councils and that the regulations were “motivated by a structural reality”.
“A total of 219 public prosecutor positions [estão] vacant, distributed mainly in the most distant regions of the capital.”
As shown by Sheetthe Public Ministry of Pará (PA) also discusses what is considered difficult to provide, which would expand the right to bonus. The MP-PA Superior Council debated the measure, but the vote was suspended.
If the Pará body makes the changes, the number of districts covered could jump from 16 to 77. The additional would be 10%.
The Attorney General of Mato Grosso, Rodrigo Fonseca, also approved the 10% rate for prosecutors from the state Public Ministry who work in poorer and more difficult to access locations, as shown in the Sheet.
The Courts of Justice of Ceará (TJ-CE) and Rio Grande do Sul (TJ-RS), and the state Public Ministries of Minas Gerais (MP-MG) and Ceará (MP-CE) have regulated a benefit called the Appreciation Installment for Length of Career Seniority.
The amount is due to active and inactive members and corresponds to 5% of the subsidy for every five years of legal activity up to a limit of 35%.
As shown by Sheetthe , was recreated by the STF’s decision on penduricalhos.
The Rio Grande do Sul court stated in a note that the installments are “exactly within the terms regulated by the Supreme Court”. The MP-MG stated that it “only applies, with objective criteria and legal certainty, a rule created by the STF and regulated nationally”.
The TJ-CE also regulated a bonus to protect early childhood and motherhood. It applies to judges with children up to six years old and has a monthly limit of 3% of the subsidy.
The court says that the standards are aligned with the CNJ and CNMP resolution and that the measures comply with the STF’s understanding.
The MP-CE did not respond.
As shown by Sheet this Tuesday (5), the Military Justice also created a hardship for the accumulation of duties, which provides for an extra amount of up to R$15,000 in remuneration.
Dino and expert talk about ‘creativity’
For Luciana Zaffalon, director of the Justa platform, the movement goes against the public commitment that the STF made.
“We once again see a well-known recipe, of Justice institutions interpreting the rules in a very creative way to increase their receipts”, he says.
Federal employee and researcher at UCSD (University of California, San Diego), Sérgio Guedes Reis, states that “a lot has changed for everything to stay the same.” The bonus for length of service, he says, is the easiest way to increase salary and has already been used in different periods.
According to Reis, the additional fee for more distant districts was also already paid via compensatory license. In practice, judges received one day off for every three or four worked, which could generate a 30% increase in salary.
The limit determined by the Supreme Court’s decision will, in practice, be the new constitutional ceiling, says Reis. The value is R$78,800 and is equivalent to the public sector remuneration limit (R$46,300) plus allowances, which cannot exceed 70%.
In a session at the STF last Thursday (30), the minister stated that “there are already new asymmetries forming”. According to him, “it’s as if the limit of up to 35% had become a new floor again. And then, new creativity begins to reach that level.”
“Before new chaos ensues, it is very important that we can, briefly, have this debate. Before we have a situation again full of tangles, I would say full of confusion. I am seeing this: creation of new installments, new and new and new”, added the magistrate.
The MP-PR (Public Ministry of Paraná) also increased the additional remuneration of prosecutors and regulated, at once, several types of frills. The standards were published in an edition of the official gazette this Tuesday (5).
Resolutions were issued regulating benefits for members working in more precarious districts, due to the accumulation of functions, length of service and a bonus for the protection of early childhood and motherhood.
Zaffalon states that such a benefit “would make sense in a context in which justice institutions have a budget sensitive to gender and care policies.” According to her, as the aid comes in a package with other frills, the issue is not treated with the necessary seriousness.
The MP-PR did not respond.
The TJ-PR (Paraná Court of Justice) also tested the creation of a new pension that would pay judges who perform the role of “tutor magistrate”, a type of .
The measure was revoked in the same week to “avoid the possible consolidation of a legal regime that may be dissociated from the Supreme Court’s recent guidance”, the court said in a note. The benefit could cost R$12,000 per judge per month.
| Pendant | Calculation/Value | Bodies |
|---|---|---|
| Additional fees for members in “difficult to serve” districts | 35% of the monthly allowance | MP-BA |
| 10% of the monthly allowance | MP-MT, MP-PA | |
| Fixation by the Attorney General of Justice | MP-PR | |
| N/A | MP-SP | |
| PVTAC (Appreciation Installment for Length of Career Seniority) | 5% of the monthly subsidy for every five years of legal activity with a ceiling of 35% | TJ-RS, TJ-CE, MP-MG, MP-CE, MP-PR |
| Early childhood and maternity protection bonus | 3% of the monthly benefit limited to one of the parents | MP-PR |
| Bonus for cumulative performance of position, function, trade or assignment | Set by the Attorney General of Justice, but limited to 35% of the subsidy | MP-PR |
| Benefit for internship supervision (revoked) | Remuneration table of the National School for Training and Improvement of Magistrates; maximum estimate was R$12 thousand per month | TJ-PR |
