The ministers of the Federal Supreme Court, Luiz Fux, André Mendonça and Dias Toffoli, started, this weekend, a line to increase the flexibility of payment of .
Contrary to the rapporteurs, Flávio Dino, Cristiano Zanin, Gilmar Mendes and Alexandre de Moraes, the divergence assesses that the amounts promised before the Supreme Court’s judgment must be paid without the limit of 35% of the constitutional ceiling.
The virtual plenary began voting, on Friday (June 26, 2026), on appeals against the March 2026 decision that limited the payment of amounts that inflated the earnings of magistrates and members of the Public Ministry. The court, unanimously, determined that they could reach up to 70% of the constitutional ceiling, with 35% being amounts considered as compensation and another 35% as a “gratification” by length of service.
The actions involving the issue were reported by ministers Dino, Zanin, Moraes and the oldest member of the court, Gilmar Mendes. With the judgment of the appeals, the ministers agreed to relax the established rules, allowing the payments that were not paid by March 2026 to be made. However, ministers considered it necessary to limit the 35% rule.
It was minister Luiz Fux who, on Saturday (June 27), partially diverged from the understanding, proposing the full payment of retroactive payments, that is, values of “compensation” promised prior to the STF judgment.
Fux was accompanied by Mendonça and minister Dias Toffoli, who cast a written vote in the plenary. The divergence also defended that the CNJ (National Council of Justice) and the CNMP (National Council of the Public Ministry) can authorize the types of valid penduricalhos – officially, what is the list of payments that will be qualified as remuneration funds.
On March 25, the plenary decided that the payment of benefits called “compensation”which inflates the salaries of judges and members of the Public Ministry, up to 35% of the ceiling will be allowed, with a further 35% received as a bonus for time served – every 5 years in their career, judges earn an additional 5%.
VOTE OF THE RAPPORTERS
The rapporteur ministers authorized the immediate payment of the “appreciation portion based on seniority in the career”under the acronym PV TAC – in practice, the benefit follows the five-year logic, which adds an increase to salaries every 5 years. Read the of the joint vote (PDF – 209 kB).
The magistrates also allowed values considered as “indemnity” vacations, paid leave and shifts, as long as the amounts do not exceed 35% of the constitutional ceiling.
Read the points of change in the votes:
- reimbursement of accrued vacation and leave – magistrates and members of the Public Ministry will be able to receive cash for vacations, paid leave and shifts accumulated before the trial. Conversion will only be permitted if rest has been denied by “absolute public interest” and the total compensation funds cannot exceed the ceiling of 35% of the monthly allowance;
- end of fixed-value health aid – the Supreme Court barred the payment of fixed monthly installments as health aid. From now on, the amount will be strictly compensatory in nature and will operate through a reimbursement system, requiring detailed proof of health expenses for the operator of the right and his or her dependents;
- limit for the sale of shifts – days worked during court shifts or custody hearings can only be converted into cash on an exceptional basis, with a maximum limit of 30 days per year. Furthermore, payment is restricted to in-person or virtual shifts in which there was an effective summons to carry out procedural acts;
- fine-tooth comb and resumption of retroactive payments – payments of liabilities prior to February 2026, which were suspended, gained a return schedule. The National Justice Inspectorate will have 30 days to send a detailed report auditing the legality of these funds. Payments will only be effectively released after the STF Plenary referendum;
- bonus for case accumulation – the accumulation of the bonus for overwork with the payment for accumulation of rods is allowed. The condition: double payment is only legal if there is a real increase in the entry of new processes, with bonuses being prohibited for departments that only have accumulated shares in stock;
- additional for isolated districts – the sum of the difficult-to-access bonus is authorized with the compensation for accumulation of courts, as long as the constitutional ceiling is respected. The condition: the benefit map has been frozen; new concessions are suspended until the CNJ and CNMP create a unified national rule.
The ministers’ vote is under analysis by the Court’s plenary until June 30. As of July 2, the Judiciary enters a mid-year recess. The president of the court, minister Luiz Edson Fachin, accompanied the rapporteurs.
