Os ministers of the Federal Supreme Court (STF) Flávio Dino, Alexandre de Moraes, Cristiano Zanin and Gilmar Mendes presented this Friday (26) a joint vote in the virtual trial of the various actions that will approve or modify the limits imposed by the Court, in March this year, on the payment of penduricalhos. The vote of magistrates relaxes previously foreseen restrictions.
One of the ministers’ main setbacks was the authorization for courts and MP units to convert overtime spent on in-person duty into cash, as long as it meets the limit of 35% of the civil service ceiling. In the case of virtual duty, magistrates and prosecutors will only be able to be paid for the hours in which they were actually called.
The ministers also reiterated the permission for courts and Public Prosecutor’s Office units to pay for vacation periods, paid leave and judicial shifts acquired before the date of the STF decision that imposed limits on these payments.
The joint vote also recognized a hurdle required by the Attorney General’s Office (PGR) that had been authorized in the Court’s previous decision: appreciation based on length of service in the career (PVTAC). The benefit follows the same model as the Additional for Time of Service (ATS), also known as five-year period, which gives an additional 5% in wages for every five years worked, up to a maximum of 35 years.
According to the rule proposed by the ministers, magistrates and prosecutors who are entitled to this benefit will not need to request payment, as they will be automatically covered.. The penduricalho must be valid in this way until the National Council of Justice (CNJ) and the National Council of the Public Ministry (CNMP) issue standards to regulate your payment. The benefit will also be granted to retirees.
Another relaxation proposed by ministers is the possibility of PVTAC being paid simultaneously with ATSa pendant that uses the same payment criteria. The only prohibition imposed by magistrates is the use of the same legal activity time for payment calculations. They justified that the ATS is remunerative in naturetherefore it could not be confused with the other benefit, despite similar criteria for payment.
The vote of Dino, Zanin, Moraes and Gilmar also authorizes the Judiciary and MP bodies to pay bonuses to magistrates, prosecutors and prosecutors who work in difficult-to-serve districts. All benefits recognized before the conclusion of this trial will be valid, unlike those that may be edited later.
In May, the four ministers issued a joint vote that prohibited institutions from reviewing, reclassifying or restructuring districts, positions and functions. They identified at the time that the bodies were promoting changes to consider more jobs as difficult to fill and, thus, guarantee payment of the minimum wage, circumventing the STF’s decision. The topic was not revisited in this trial.
In return, the ministers demand that the limit of 35% of the amount set for the payment of all payments be respected – that is, the conversion of these benefits into cash must respect the new ceiling set by the STF. On the other hand, the ministers vetoed the payment of food assistance, pre-school assistance and daycare assistance, or similar benefits required by associations.
Finally, they also authorized the accumulation of frills, such as bonuses for the cumulative exercise of jurisdiction and for the exercise of jurisdiction of a compensatory nature, as well as the receipt of health aid through reimbursement. All these benefits must follow the 35% limit previously set by the STF.
The vote also proposes that the national inspector of justice forward to the STF the list of penduricalhos created before the Court’s decision and whose legality and regularity were verified. There remain the statements of six other ministers of the Court: Edson Fachin, Dias Toffoli, André Mendonça, Kassio Nunes Marques, Cármen Lúcia and Luiz Fux.
