Brazil Justice Warns Against Banned Salary Bonuses After Court Ruling
Translated from Portuguese, summarized and contextualized by DistantNews.
TLDR
- Brazil's Supreme Court Justice Flávio Dino warned against the creation and payment of unauthorized salary supplements, known as 'penduricalhos,' following a court ruling on supersalaries.
- The warning comes amid efforts by various judicial and public prosecution bodies to establish new salary additions, even after the Supreme Court decision limited such payments.
- Failure to comply with the ruling could lead to penal, civil, and administrative responsibility for judicial and public prosecution leaders.
Justice Flávio Dino has issued a stern warning against the proliferation of unauthorized salary bonuses, or 'penduricalhos,' within Brazil's judicial and public prosecution systems. This directive follows a March Supreme Court decision that aimed to curb excessive supersalaries. Despite the ruling, numerous tribunals and Public Ministries across at least eight states have moved to regulate or create new additional payments, seeking to circumvent the court's limitations.
Dino's dispatch explicitly states that any salary or indemnity payments not explicitly authorized by the court's ruling are "absolutely forbidden." This includes any additions implemented after the Supreme Court's decision. The justice underscored that non-compliance could result in severe legal repercussions, including criminal, civil, and administrative charges for top officials within these institutions. This firm stance aims to restore fiscal discipline and prevent the misuse of public funds.
absolutamente vedados
The article highlights a concerning trend where judicial bodies are actively seeking loopholes to grant extra pay. Examples include the Military Justice Court creating a bonus for accumulated functions, potentially adding up to R$15,000, and the Regional Labor Court of the 3rd Region in Minas Gerais establishing extra gratuities for workload and service time. These actions demonstrate a clear disregard for the Supreme Court's efforts to control public spending and ensure fair compensation practices.
From our perspective at Folha de S.Paulo, this situation reflects a broader challenge in Brazil: the persistent struggle to enforce fiscal responsibility within powerful state institutions. While the Supreme Court has taken a step towards limiting excessive salaries, the continued attempts to create new bonuses reveal a deeply entrenched culture of entitlement and a lack of transparency. The public deserves to know that their tax money is being managed responsibly, and these 'penduricalhos' represent a clear deviation from that principle. The government must ensure strict adherence to the ruling and hold accountable those who seek to undermine it for personal gain.
Estão absolutamente vedados a criação, a implantação ou o pagamento de quaisquer parcelas de caráter remuneratório ou indenizatório, sob qualquer rubrica, inclusive que tenham sido implantadas após o julgamento
Originally published by Folha de S.Paulo in Portuguese. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.