STF concludes today analysis on releasing part of penduricalhos to judges
The STF (Supreme Federal Court) ends this Tuesday (30) the trial on the release of compensation funds, the so-called "penduricalhos", to magistrates, prosecutors and prosecutors across the country.
The case is analyzed in the Court's virtual plenary session. Ministers have until 11:59 pm this Tuesday to cast their votes. So far, there is a majority to authorize the payment of retroactive amounts and part of the compensation funds. Minister Cármen Lúcia is the only one who has not yet voted.
The main disagreement between the ministers is the limit for the payment of these funds. The joint vote presented by ministers Alexandre de Moraes, Flávio Dino, Gilmar Mendes and Cristiano Zanin provides that the sum of monthly compensation will be limited to 35% of the magistrate's or member of the Public Prosecutor's allowance. The understanding was accompanied by the president of the STF, Edson Fachin. With this, the current totals five votes.
The proposal authorizes the payment of funds acquired until March 25, 2026, the date of the Court's decision on the matter, as long as they have already been validated by the CNJ (National Council of Justice) or the CNMP (National Council of the Public Ministry).
In practice, the measure allows benefits accrued due to service needs to be converted into cash, such as untaken vacations, paid leave and judicial shifts.
The divergence was opened by minister Luiz Fux and brings together four votes. He was accompanied by ministers Dias Toffoli, André Mendonça and Nunes Marques.
Fux followed part of the rapporteurs' understanding, but argued that the compensation amounts already recognized be paid in full, without applying the 35% limit. For the divergence, the restriction could violate acquired rights, legal certainty and the principle of predictability.
The result depends on Cármen Lúcia's vote. If the minister follows the rapporteurs, the STF will form a majority to release payments with the application of the 35% ceiling. If the divergence follows, there will be a tie on this point.
The trial takes place in the analysis of motions for clarification filed against the March decision in which the STF established rules for the remuneration regime for the judiciary and the Public Prosecutor's Office until the issuance of a national law on the subject.
In the previous decision, the Court established guidelines to adapt payments to the constitutional ceiling and prohibited the creation of new aid and compensation funds without a specific federal law approved by the National Congress.
The court currently operates with 10 ministers, due to the vacancy left by the retirement of minister Luís Roberto Barroso in 2025.
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Source: CNN