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STF ministers, including Flávio Dino and Alexandre de Moraes, propose tweaks to the restriction on judicial penduricalhos to allow cash payments for leaves and vacations earned before a set date. They argue for a cap on these payments and rejection of certain appeals. They also seek to enable magistrates to accumulate the Adicional por Tempo de Serviço and the Parcela de Valorização por Tempo de Antiguidade, while Edson Fachin joined the vote in support during a virtual session. The move could reopen the path for retroactive payments after an audit, with oversight from the Conselho Nacional de Justiça and the Conselho Nacional do Ministério Público.
- STF ministers seek to loosen limits on judicial perks and allow cash payments for vacations and licenses earned before May
- They keep a cap on most perks while expanding some payment cases and rejecting appeals from magistrates’ groups
- They propose that courts and prosecutors can pay certain perks for on‑call work, with rules based on presence and hours worked
- They allow simultaneous receipt of service time pay and seniority pay, but not double counting the same years
- They plan to audit and release past due pay after checks, with official bodies listing what is owed and payments resuming under the cap
STF Ministers Propose Revisions to Judicial Perks, Allow Cash Payments for Pre-May Leaves
In a virtual session, Brazil’s Supreme Federal Court ministers moved to adjust the system of judicial allowances. The plan keeps a 35% cap on most payments and would allow cash payments for leaves and vacations earned before May. The proposal also would let magistrates accumulate both the Adicional por Tempo de Serviço (ATS) and the Parcela de Valorização por Tempo de Antiguidade (PAVT) under certain conditions. The current tally stands at 5-0 in favor so far, with remaining ministers able to cast their votes by Tuesday the 30th. STF president Edson Fachin aligned with colleagues Flávio Dino, Alexandre de Moraes, Cristiano Zanin, and Gilmar Mendes on these adjustments.
The discussion follows a May ruling that restricted many allowances and banned cash payments for on-call duty and custody. The new proposals would permit cash payments in some scenarios for courts and the Public Prosecutor’s Office.
Key Adjustments Under Consideration
Officials indicate the group aims to reject appeals from magistrate associations seeking extra time to implement the rules, including a proposed 30-day window after the final ruling. The plan would require health assistance to be paid as reimbursement for actual costs rather than as a fixed cash amount. It also keeps the prohibition on reinstating certain benefits, such as meal allowances, school aid, or nursery aid, and bars payments tied to mere parenthood status.
At the same time, the rapporteurs support some GPR decisions, particularly on the issue of cash for compensating on-call duty. They argue that not paying cash could disrupt judicial services in multiple regions, so they propose limited cash payments for unclaimed on-call duties, under public-interest conditions, and subject to a 30-day annual cap. Payments would be allowed only for in-person on-call, while virtual on-call would be paid only for hours when actually activated. The daily value would be set by the National Council of Justice (CNJ) and the National Council of the Public Ministry (CNMP).
On-Call Duty, Cash Payments and Timing
A central proposal would permit simultaneous receipt of the ATS and the PAVT by some magistrates and prosecutors. Both allowances have similar origins and calculation methods, typically adding about 5% of salary every five years of public service. Eligibility for receiving both would be limited to those who began service before 2006 and had at least five years of service by that year, effectively those who started in 2001. Importantly, the two benefits would not be calculated using the same years of service.
ATS and PAVT in Parallel
The ministers also indicated that these changes would not alter the core framework of the May ruling, but would adjust how and when certain payments are made. The panel emphasized that while recipients may qualify for both benefits, they cannot double-count the same time toward both calculations.
Retroactive Payments and Audit Process
Officials signaled that retroactive sums that have already undergone audit by the CNJ could be released. They propose that within 30 days the CNJ provide a list of amounts due before the STF restricted the penduricalhos. Once the Supreme Court validates these sums, tribunals and public prosecutors’ offices could resume payments, all under the 35% cap.
Conclusion
The proposed revisions represent a measured recalibration of judicial perks, balancing fiscal discipline with the operational needs of courts and the Public Prosecutor’s Office. A 35% cap remains central, while targeted cash payments for leaves earned before May signal a deliberate, limited expansion. The plan allows ATS and PAVT to be received concurrently by a narrow subset of officials, but strictly prevents any double-counting of the same service years. A pathway for retroactive payments could reopen after an audit and official listings, under ongoing CNJ and CNMP oversight and the cap, reinforcing transparency and accountability. Importantly, the package preserves restrictions on certain benefits (e.g., meal, nursery aid) and emphasizes reimbursement-based health assistance, ensuring that reforms support, rather than undermine, judicial functionality and public trust.
Frequently asked questions
- Who backs the partial cash payment plan? STF President Edson Fachin joined colleagues Flávio Dino, Alexandre de Moraes, Cristiano Zanin, and Gilmar Mendes to adjust the rules on judicial perks and widen cash payments.
- What cash payments are allowed for vacations and licenses? They want to pay cash for vacation and license days earned before May, up to 35% of the salary. Payments depend on the type of time off and the rules.
- Is there a cap on the total pay for these perks? Yes. The total pay is capped at 35% of the salary. This limit stays in place as they adjust the rules.
- Can magistrates receive both ATS and PAVT at once? Yes, but with limits. Only those who had at least five years of public service before 2006 can get both. They cannot use the same years to claim both.
- What about retroactive payments and other benefits like health and meals? Retroactive amounts that passed auditing may be paid after listing in 30 days. Health aid must be paid back as reimbursement, not fixed. Meal aid and other similar perks were not reinstated. Plantão payments are limited to in-person shifts; hours actually worked count for virtual plantão.