The minister, of the (Supreme Federal Court), gave this Tuesday (30) the last vote to release part of the in March by the court itself, in the decision on those of judges and members of the Public Ministry. With this, the court concludes the judgment of appeals against the previous decision and reviews sections defined three months ago.
The trial took place in a virtual plenary session since last Friday (26). Cármen now followed the joint vote of the rapporteurs , , and. President Edson Fachin had also adhered to this position.
Based on the understanding formed by the majority, the payment of additional payments such as unused vacations, court shifts, bonus leave and retroactive funds already recognized before the thesis established by the court is authorized.
The ministers voted to authorize the payment of up to 30 days of accumulated judicial shifts, i.e., days of compensation for which have not been used due to lack of permission from the court. This conversion of the benefit into additional funds had been prohibited in March.
The plenary analyzes appeals filed by the PGR (Attorney General’s Office) and by entities of judges, members of the Public Ministry and Audit Courts, who ask for the resumption of benefits.
The ministers defended the immediate implementation of the so-called five-year period, a bonus to enhance career seniority and which, every five years, increases civil servants’ salaries.
The only aid recognized by the vote was that of , which gives magistrates and members of the Public Ministry the right to reimbursement for health expenses. The amount is not subject to the ceiling. However, childcare and food allowances were not recognized.
Approved in March, the STF’s thesis prohibited additional payments such as assistance, housing and compensation for collections. Others remain permitted as long as they respect the 35% ceiling, such as daily allowances, allowances in case of promotion and retroactive amounts recognized by judicial or administrative decision.
In April, the CNJ regulated the limit of restrictions on members of the Judiciary. However, the document recreated a series of benefits that had been extinguished in the STF’s thesis, in addition to allowing part of the additional benefits to remain outside the 35% limit, contrary to what the Supreme Court predicted. The resolution was signed by Fachin.
The rapporteurs’ joint vote provides that the funds will be released even to pensioners who meet the prerequisites, a point that had been questioned by trade associations. As a result, magistrates’ salaries can exceed the ceiling by up to 70%.
The ministers also defended that a bonus should be maintained for the cumulative exercise of jurisdiction, when the judge or judge works in more than one district or function. This amount had already been authorized by the STF’s March thesis.
The National Justice Inspectorate, of , must present within 30 days a list of previous funds whose legality and regularity were verified. The recovery of liabilities will depend on an audit, formal identification, regularity control and a referendum by the STF plenary.
The minister voted on Saturday (27), largely agreeing with his colleagues, and was followed by ministers Dias Toffoli and André Mendonça, as well as Kassio Nunes Marques. They, however, further expanded the possibilities for these payments.
Unlike the rapporteurs, for whom payments should be limited to 35% of the server’s monthly salary, Fux defended that there is no such ceiling, nor any temporal restrictions. He understands that compensation is an acquired right and, therefore, must be passed on in full.
According to Fux, the search for morality must be integrated with the search for legality, and not nullify it. For the magistrate, furthermore, judges cannot be denied “fair compensation for embezzlement and “their right to property”, which is protected “as a social right of any worker”.
