Brazil's top judge acknowledges unjustified payments to magistrates

Edson Fachin, president of Brazil's Supreme Court (STF), has acknowledged that some magistrates receive payments exceeding the constitutional ceiling without proper justification. Speaking about the work of a task force established by the National Council of Justice (CNJ) to review these extra payments, known as "penduricalhos," Fachin stated that the judiciary is increasingly exposing these figures.

"We are increasingly exposing, without any obstacle, what the magistracy receives today. There are more than 18,000 judges, and in some circumstances, the National Justice Inspectorate itself has ordered the return of payments because they are exorbitant and lack a justified cause," Fachin said. He anticipates the conclusion of a ruling that sets rules for compensatory payments to the judiciary by the end of July, with a draft federal law expected by November.

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We are increasingly exposing, without any obstacle, what the magistracy receives today. There are more than 18,000 judges, and in some circumstances, the National Justice Inspectorate itself has ordered the return of payments because they are exorbitant and lack a justified cause.

The STF and CNJ president created a working group comprising five judges whose incomes in 2025 exceeded the constitutional ceiling, with gross earnings reaching up to R$2.1 million annually and monthly peaks of R$332,000. In March, the STF plenary established limits on these "penduricalhos," setting parameters until Congress can legislate on the matter. According to the court's decision, compensatory payments cannot exceed 70% of a magistrate's salary. Considering the constitutional ceiling of R$46,366 per month, total remuneration can reach approximately R$78,800 monthly with permitted benefits.

Fachin emphasized the judiciary's duty to ensure transparency in magistrates' earnings. "The population has the right to know, and the magistrate has the duty to inform. My private life earnings were matters of my private life. As soon as I joined the court, this became a matter of public duty to disclose. I have no right to withhold this information," he stated at the "Justice of Tomorrow" event in Rio de Janeiro. He also expressed hope for the "prompt" creation and adoption of an STF code of ethics to regulate ministers' participation in events, lectures, and courses.

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The population has the right to know, and the magistrate has the duty to inform. My private life earnings were matters of my private life. As soon as I joined the court, this became a matter of public duty to disclose. I have no right to withhold this information.