Group that will fine-tune penduricalhos has its first meeting this Tuesday

The working group created by the president of the STF (Supreme Federal Court), minister Edson Fachin, to monitor and carry out a "fine-toothed comb" in the payment of compensation amounts, known as "penduricalhos", is holding its first meeting this Tuesday (30).

Fachin will participate in the opening of the meeting, scheduled for 2 pm, and is expected to make a public demonstration. Afterwards, the meeting will continue privately, restricted to group members.

The installation of the collegiate body that takes place this Tuesday marks the beginning of work expected to last six months. The group's objective is to map the different remuneration installments paid in the Justice system and prepare a draft law or a technical note to support proposals that are already being processed in the National Congress on the topic.

When announcing the creation of the group, at the beginning of this month, Fachin stated that the absence of periodic reviews and uniform understandings on the remuneration of the judiciary in recent years contributed to the formation of "distinct realities", resulting in inequalities, legal uncertainty and lack of transparency.

The group is coordinated by an executive committee made up of members of the CNJ (National Council of Justice). Also participating are representatives of the Senate, the Chamber of Deputies, the Executive Branch, the TCU (Federal Audit Court), the AGU (Attorney General's Office), the CNMP (National Council of the Public Prosecutor's Office), the DPU (Federal Public Defender's Office) and the CNPG (National Council of Attorneys General), as well as representatives from judicial entities. Some of the group's members belong to careers that benefit from the penduricalhos.

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The first meeting of the collegiate takes place on the same day that the trial ends, in the STF, of appeals that discuss the Court's decision that imposed limits on the payment of penduricalhos to judges and members of the Public Ministry.

So far, there is already a majority to authorize the payment of part of the benefits that had been restricted by the March decision. These include retroactive amounts and installments such as additional payments for length of service.

There is disagreement, however, about the application of a limit to these payments. Half of the Court argues that the amounts to be paid be subject to the ceiling of 35% of the monthly allowance for STF ministers, a percentage established for other compensation installments. The other current understands that these benefits foreseen before the March decision must be paid in full, without this limit being applied.

The judgment is still awaiting the vote of Minister Cármen Lúcia, who should break the tie and consolidate the final understanding.

The appeals question the thesis approved by the STF in March. At the time, the Court decided that the compensation paid to magistrates and members of the Public Ministry cannot exceed 35% of the allowance for Supreme Court ministers, currently R$46,366.19. The limit corresponds to approximately R$16,200 in additional payments.

In the same decision, the STF authorized the creation of the so-called Appreciation Installment for Length of Career Seniority (PVTAC), an additional amount granted based on the time spent in the legal career. In practice, the combination of benefits can increase income by up to around 70% above the constitutional ceiling.

Source: CNN