Brazil's Supreme Court bypasses constitutional spending cap, columnist says

Brazil's Supreme Court (STF) has made a decision that effectively circumvents the nation's constitutional spending cap, allowing public servants to receive additional payments beyond the established limit. Columnist Fernando Schüler criticizes this move, stating that the STF has dismantled the constitutional ceiling by permitting these extra "penduricalhos," or perks. He explains that the court's approval of an "extrateto" – an additional 35% on top of the current R$46,366 limit, amounting to over R$16,200 more – signifies the end of the constitutional salary cap. Schüler argues that any alteration to the salary cap for public servants should be a matter for the National Congress. He believes that if there is a consensus in Brasília that the R$46,360 cap is insufficient, the debate and decision-making process must occur within the legislative branch, involving societal discussion and deliberation. The columnist concludes that the STF's action, taken unilaterally, represents a "jeitinho" – a Brazilian colloquialism for finding a workaround or loophole – to break a constitutional rule rather than following democratic procedures.

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If the Supreme Court approved, on the issue of perks, the possibility of an extra-ceiling of 35% of the value of the ceiling that today is R$ 46,366.00 − means R$ 16,200.00 more than the ceiling − that this can be paid in the form of seniority bonuses, then the constitutional ceiling is over.