Brazil's Top Court Forms Majority to Release Additional Benefits for Judges and Prosecutors

Brazil's Supreme Federal Court (STF) has moved to allow the payment of certain "penduricalhos," or extra benefits, to judges and members of the Public Prosecutor's Office, forming a majority in favor of releasing these funds. These compensatory allowances, paid in addition to formal salaries, have in some instances surpassed the public servant salary cap of R$ 46,366.19.

This development follows an earlier decision in March where the STF had blocked such payments. However, a series of "embargos de declaração" (clarification requests) filed by professional associations representing the affected categories has led to the current review. Ministers Flávio Dino, Alexandre de Moraes, Cristiano Zanin, and Gilmar Mendes presented a joint vote that softened some of the initial restrictions, a stance later joined by Minister Edson Fachin. On Saturday, Luiz Fux also agreed with his colleagues on several points, establishing a partial 6-vote majority for the release of these benefits.

A significant concession from the ministers is the authorization for courts and Public Prosecutor's units to convert on-call duty hours into monetary compensation, provided they do not exceed 35% of the public servant salary cap. For virtual on-call duties, magistrates and prosecutors will only be compensated for hours they were actively engaged. The court also approved payments for accumulated vacation and seniority leave periods that were accrued before the STF imposed limits on these benefits.

Furthermore, the court recognized a "penduricalho" related to career seniority (PVTAC), which functions similarly to the "Adicional por Tempo de de Serviço" (ATS), granting a 5% salary increase for every five years of service, up to a maximum of 35 years. Ministers permitted the simultaneous payment of PVTAC and ATS, even though they share similar calculation criteria, arguing that ATS has a remunerative nature and should not be confused with the other benefit. The only restriction imposed is the prohibition of using the same period of legal activity for the calculation of both benefits.