Penduricalhos: Fachin once again defends transparency in payments

Minister Edson Fachin, president of the STF (Supreme Federal Court) and the CNJ (National Council of Justice), said this Monday (8) that new mechanisms are being studied to provide transparency to the so-called "penduricalhos" paid to members of the Judiciary.

Among the measures under study is a more rigorous analysis of retroactive payments to magistrates, the improvement of the proposal for a single national paycheck, the review of remuneration transparency instruments and proposals to expand the advertising of funds administered by the Judiciary.

"All of these initiatives have a common element: strengthening institutional legitimacy through transparency", he added.

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The statement was made during the opening of the VI Brazilian Congress of Law and Public Policies, in São Paulo, days after the minister created a working group at the CNJ to make a fine-tooth comb of what is paid to magistrates.

The measures have been discussed within the scope of Onit (National Observatory on Integrity and Transparency).

When defending the measures, the minister stated that society's trust in institutions depends not only on the basis of judicial decisions, but also on transparency and accountability on the part of the Judiciary.

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"Transparency, integrity and, to use the buzzword, accountability - that is, the need to be accountable - are not accessory themes. They are central elements of the democratic legitimacy of the Judiciary", he declared.

When justifying the decision to create a group to address the issue, Fachin points out that the lack of annual review and uniform decisions on magistrates' remuneration in recent years "has generated different realities, leading to a scenario of inequalities, legal uncertainty, lack of publicity and, most seriously, the use of conceptual subterfuges dissociated from reality."

Fachin's decision comes amid an attempt by the Judiciary to expand supervision of remuneration for magistrates. In March, the STF established rules to limit the payment of compensation funds to the Judiciary and the Public Ministry.

The Court defined that these installments could reach a maximum of 35% of the constitutional ceiling, currently equivalent to the salary of STF ministers, R$46,366.19.

At the same time, ministers authorized the payment of an appreciation installment based on career seniority, which can also reach up to 35% of the subsidy. In practice, the sum of additional payments can increase earnings to around 70% above the ceiling.

Shortly afterwards, in May, the CNJ unanimously approved Minister President Edson Fachin's proposal to implement the requirement for a single paycheck throughout the Judiciary. The measure seeks to increase control over payments and facilitate the identification of irregularities.

In the same month, STF ministers Flávio Dino, Alexandre de Moraes, Cristiano Zanin and Gilmar Mendes took decisions in four different actions to provide for the criminalization of the creation of new pendants for judges and members of the Public Ministry.

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Source: CNN