The president of the Federal Supreme Court, Edson Fachin, followed yesterday the vote of his colleagues Flávio Dino, Alexandre de Moraes, Cristiano Zanin and Gilmar Mendes, to adjust the thesis that limited the difficulties in the Judiciary and expand and make payments more flexible in some cases. .
The ministers analyze a series of appeals filed against the thesis that, in May, with a ceiling of 35% of the salary. In the same judgment, the STF instituted a portion of appreciation for length of service (PAVT) due to magistrates, also up to 35% of their salary.
Now, some adjustments to the thesis have been proposed, but without changing the main bases of the judgment. Check out what they are:
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PAVT: The portion of appreciation for length of service (PAVT) – value of 5% of the subsidy for every 5 years of magistracy or career in the MP – must be instituted immediately;
Shifts: Previously, the STF had vetoed payment, in kind, for magistrates who are entitled to time off for having worked on judicial shifts; Now, this possibility has been opened, exceptionally, for following a series of rules and in cases of “public interest”
ATS: In May, the STF instituted the payment of a “valuation” installment related to the public service time of magistrates and prosecutors; a similar amount is paid, to this day, to those civil servants who entered the Judiciary before 2006, due to the rules of the time; the ministers had not commented on the possibility of some judges receiving both amounts, but now they recognize that such payments can be made, but say that the previous career period cannot be used to calculate the new installment;
Inactive, retired and pensioners: the rapporteurs also clarified who is entitled, in addition to active magistrates, to the portion of appreciation for length of service; the amount must be paid to retirees linked to the Private Pension Regime without the effect of the General Regime ceiling limit and to pensioners
Retroactive vacations and licenses: The ministers had also not commented on the rights already acquired by some magistrates and prosecutors to vacations, shifts and bonus leave that have not yet been enjoyed; the proposal is to release the payment of such indemnities
The rapporteurs also defended allowing vacation periods and bonus licenses acquired before May, when the STF limited the installments, to be paid in cash to magistrates and prosecutors. They also admitted that some older magistrates may receive funds with a similar origin and calculation method, providing for an extra payment of 5% of their salary for every five years of public service for each of these additional payments.
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Furthermore, the ministers have already signaled the release of retroactive documents that were audited by the National Justice Inspectorate. The proposal is that, within 30 days, the body presents the list of funds owed before the STF limits the trinkets. Thus, the installments will be validated by the highest court and the country’s Courts and Public Prosecutor’s Offices will be able to resume their payments, following the 35% ceiling.
The discussion takes place in a trial that began this Friday and is expected to end next week. The ministers analyze a series of appeals filed against the thesis that, in May, established the list of compensation funds that can be paid to magistrates and prosecutors across the country, with a ceiling of 35% of the salary. In the same judgment, the STF instituted a portion of appreciation for length of service (PAVT) due to magistrates, also up to 35% of their salary.
In a joint vote, Dino, Moraes, Zanin and Gilmar defended the rejection of all appeals presented by magistrate entities. One of the rejected requests was for the STF to give a period of 30 days, after the last judgment on the subject, for courts and MPs across the country to apply the rules.
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Along these lines, the ministers pointed out, for example, that health aid – one of the funds that was released in the trial in March, must be paid by reimbursement of the amount actually paid, upon proof. According to them, it is not possible to pay a fixed amount for such a benefit. The request to reinstate food assistance, pre-school assistance and daycare assistance was also denied. According to the ministers, the payment of any benefit that has as its triggering event the “mere condition of paternity or maternity” is prohibited.
Duty
On the other hand, the ministers accepted some of the allegations made by the Attorney General’s Office, especially in the case of the prohibition on payment in kind for compensatory leave for exercising judicial duty. The thesis established in May prohibited magistrates who did not take such leave from receiving compensation in cash.
According to the ministers, the impossibility of making such a payment could create “great difficulty in regularly maintaining the normality of judicial services in various locations”. It was then suggested that Courts and Public Prosecutors could, “in the case of public interest”, authorize the payment of a maximum of 30 days, per year, for unused on-call compensation, respecting the limit of 35% of compensation funds.
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Also according to the rapporteurs, the funds can only be paid if the shift is in person. In the case of virtual duty, the magistrate or member of the MP would only be paid for the hours in which he was actually called. Furthermore, it will be up to the National Council of Justice and the National Council of the Public Ministry to set the compensation amounts per day on duty.
Antique
Another central adjustment proposed by the rapporteurs is to authorize the possibility of magistrates and members of the MP receiving both the Additional for Length of Service (ATS) and the portion of appreciation for length of service (PAVT). As GLOBO showed, the two funds have a similar origin and calculation method, providing for an extra payment of 5% of the salary for every five years of public service for each of these additional payments.
Along these lines, the vote follows, in part, the desire of magistrates who will receive at the same time: the five-year period, a benefit that was extinguished in 2006; and the compensation amount that the STF established until Congress enacts a law on penduricalhos. Only those judges and prosecutors who completed at least five years of public service before 2006 will have money to receive the benefits simultaneously – therefore, those who joined in 2001.
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The rapporteurs indicated that, despite concomitant receipt, magistrates and members of the MP will not be able to use the same period of legal activity to calculate the two benefits. Therefore, the person who receives the ATS for having a 20-year legal career will not be able to use those same 20 years to claim the new installment.
