STF releases part of the penduricalhos blocked by the Court itself; understand

The STF (Supreme Federal Court) concluded this Tuesday (30) the trial on the so-called "penduricalhos" and released part of the compensation funds paid to judges, prosecutors and prosecutors that had been blocked by the Court itself in March.

The majority of ministers maintained the limit of 35% of the subsidy for part of these funds, but authorized the payment of installments such as unused vacations, judicial shifts and bonus leaves that were no longer taken due to service needs.

In practice, the decision reviews parts of the understanding reached by the STF three months ago, when the Court tried to restrict payments above the constitutional ceiling in the Judiciary and the Public Ministry.

The joint vote of ministers Alexandre de Moraes, Flávio Dino, Cristiano Zanin and Gilmar Mendes prevailed. The chain was accompanied by Cármen Lúcia and Edson Fachin, with reservations.

According to the majority understanding, restrictions on benefits such as food assistance, pre-school assistance and daycare assistance are maintained. Health aid, on the other hand, was authorized outside the 35% limit, as long as it is paid as reimbursement for effectively proven expenses.

The judgment also authorized the immediate implementation of the installment for time in legal activity, a type of additional for career seniority. The benefit corresponds to 5% of the subsidy for every five years of activity, up to a limit of 35%.

Some points, however, can still generate discussion. This is because, on the last day of the trial in the virtual plenary, Fachin changed his own vote and defended the validity of the provisional rules published by the CNJ (National Council of Justice) and the CNMP (National Council of the Public Ministry) after the March decision.

These rules provide for a broader list of payments and may open up space for funds such as daily allowances, daily allowances and bonuses linked to early childhood to be outside the 35% lock, depending on the STF's final interpretation.

Luiz Fux, André Mendonça, Dias Toffoli and Nunes Marques were defeated. For this group, legitimate compensation amounts should be paid in full, without being subject to the 35% limit.

As a result, the Supreme Court maintained an attempt to limit some of the restrictions, but expanded the exceptions and authorized the resumption of payments that had been restricted by the Court itself.

Understand
The "penduricalhos" are extra funds paid in addition to the regular salary of magistrates and members of the Public Ministry. They may appear as aid, compensation, bonuses or retroactive payments.

The ceiling for public service is the salary of STF ministers, currently at R$46,366.19. As a rule, no public servant can receive more than this amount as remuneration.

The discussion in the Supreme Court involves precisely which installments may be outside this ceiling because they are compensatory in nature, that is, because they serve to compensate for an expense or a right not enjoyed, and not as a salary.

In March, the STF judged the issue of super salaries and established a transition rule until Congress approves a national law on the subject. At the time, the Court limited part of the compensation funds to 35% of the subsidy, which is equivalent to approximately R$16,200 when calculated on the salary of a Supreme Court minister.

In the same decision, the court barred a series of payments, such as food assistance, housing assistance, daycare assistance, pre-school assistance and compensatory licenses without express provision in the thesis.

Now, when analyzing appeals against that decision, the STF released part of the funds that had been restricted. The majority authorized, for example, the payment in cash for vacations, court shifts and bonus leaves that were not used due to service needs, as long as the 35% limit when applicable was respected.

Source: CNN