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The article centers on the Supreme Federal Court as it forms a clear majority to partially allow the payment of special allowances to judges and members of the Public Prosecutor’s Office, adjusting the ruling that had limited these payments. The decision comes in a virtual session, with votes already in from several ministers, including Luiz Fux and Flávio Dino. The ruling permits exceptions for payments tied to on duty shifts and retroactive indemnities, while keeping within the previously set limits. It also opens room for further discussion on how older vacation periods and seniority pay may be issued, within the court’s broader compensation framework.
- STF forms majority to partially loosen emoluments payments for judges and prosecutors
- Cash payments allowed for on‑call shifts and retroactive allowances within the previously set limits
- Vacations and earned leaves acquired before May may be paid in cash
- Some older magistrates could receive extra pay calculated similarly to current emoluments
- The vote is in a virtual session with some ministers already in favor and others to vote by the deadline
STF Forms Majority to Partially Restore Perks for Judges and Prosecutors
On Saturday, the Supreme Federal Court (STF) formed a majority to partially restore certain allowances for judges and members of the Public Ministries. The decision updates a May ruling that had restricted these payments. The matter is being heard in a virtual session, with six ministers already in support, including Luiz Fux and Flávio Dino. The ruling allows exceptions for on-call payments and retroactive reimbursements, while keeping some prior limits in place.
Key Outcome
The court has reached a majority in favor of allowing some payments of the special allowances. In addition to Fux, Flávio Dino (the rapporteur), Alexandre de Moraes, Gilmar Mendes, Cristiano Zanin, and Edson Fachin voted with the rapporteur. Other ministers still have to vote: André Mendonça, Cármen Lúcia, Dias Toffoli, and Nunes Marques are scheduled to cast their votes by Tuesday the 30th. The virtual session remains open for additional input.
What the Ruling Allows
The intervention permits courts and Public Ministries to pay certain allowances in specific cases. Notably, it allows the cash payout of some on-call duties and related compensation, where previously cash payments were restricted. It also accepts that vacations and earned leave accrued before May—when the STF set tighter limits—can be paid in cash to judges and prosecutors. In addition, some older officials may receive payments calculated with similar rules, and an extra 5% of salary every five years could be added for these allowances in the future.
Background on the Perk Rules
The case focuses on a set of appeals challenging the STF’s May decision, which defined a list of indemnifiable benefits for judges and prosecutors nationwide, with a cap of up to 35% of salary. In the same ruling, the Court introduced a time-based value increment for experience, also capped at 35% of salary (the PAVT). The current session proposes tweaks to the interpretation without changing the core framework.
Conclusion
The STF’s decision represents a majority move toward partially restoring certain perks for judges and Public Ministries, refining the May ruling while preserving the overall limits. In a virtual session, key supporters like Luiz Fux, Alexandre de Moraes, Gilmar Mendes, Cristiano Zanin, and Edson Fachin have advanced the measure, with the remaining ministers to vote by the deadline. The ruling allows cash payments for on-call shifts and retroactive indemnities within the existing cap, and it authorizes cash payments for vacations accrued before May, with potential similar treatment for older magistrates. It also leaves open questions on seniority pay and other components of the compensation framework. The decision thus establishes a nationwide framework with clarifications on PAVT while signaling ongoing debate about how compensation should be structured going forward.
Frequently asked questions
- What did the Supreme Court decide about penduricalhos? The STF formed a 6-0 majority to allow partial payment of penduricalhos to judges and prosecutors, adjusting the earlier cap.
- Which payments are now allowed? On-call payments and retroactive indemnities can be paid in some cases. Some vacation-time payments may also be provided, while keeping overall limits in place for other perks.
- How many justices voted in favor and who are they? Six ministers: Luiz Fux, Flávio Dino (relator), Alexandre de Moraes, Gilmar Mendes, Cristiano Zanin, and Edson Fachin. The session is virtual; the rest must vote by Tuesday.
- What was the old rule? The previous ruling capped indemnities at 35% of salary and banned cash payments for certain on-call duties when decisions were being made.
- What happens next? The remaining ministers will vote by Tuesday. If they join, the new rules apply nationwide, with clarifications on PAVT and related perks.