Dino asks Fachin for an extraordinary virtual session to judge the action that puts an end to the penduricalhos

The Minister of the Federal Supreme Court (STF) Flávio Dino asked the President of the Court, Edson Fachin, this Thursday (25), to convening an extraordinary virtual session to judge the constitutional complaint which imposes limits on the frills paid to the public service elite.

It will be up to the president of the STF to define the start date for the trial of Dino’s action in the virtual plenary session. Online sessions usually start on Fridays and last a week. Therefore, Fachin is expected to call the vote for tomorrow, the 26th.

Dino is the rapporteur of one of the five actions being processed at the STF regarding compensation amounts, retroactive payments and benefits paid to magistrates, prosecutors, public defenders and auditors at the Audit Courts that inflate their salaries. Besides him, Ministers Cristiano Zanin, Gilmar Mendes and Alexandre de Moraes report actions of this type.

In May, the four ministers issued identical decisions that tightened the siege on the payments paid by the Judiciary and the Public Prosecutor’s Office by prohibiting institutions from reviewing, reclassifying or restructuring districts, positions and functions with the aim of circumventing the Court’s decision or reaching the new public service ceiling, which imposed limits on the remuneration of these professionals.

As decisions were given to curb practices of courts, prosecutors and defenders that had been circumventing the STF decision which determined the end of 15 penduricalhos. In March of this year, the Court met to regulate the payments of these funds and allowed 8 items to continue to be paid in the public service.

A decision established that the sum of these installments cannot exceed 35% of the gross subsidy maintained by the Court at R$46,366.19, which is the civil service ceiling.

Furthermore, the Supremo maintained the so-called appreciation portion based on length of service in the careerwhich works as an additional payment for length of service. This amount can be paid both to those who are active and to retirees and will be calculated at 5% of the subsidy for every five years of legal activity, reaching a limit of 35%.

A The sum of these two limits of 35% created a kind of new ceiling that adds up to 70% about salary. As a result, it is possible for magistrates to legally earn, without any dribble, more than R$70,000 per month.

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