Brazilian Courts Deny Irregularities in High Salaries, Citing Vacation and Retirement Pay

Four Brazilian state courts have denied irregularities in their payment of high salaries, known as "supersalaries," in response to inquiries from the Supreme Federal Court (STF). The judicial bodies claim that the additional payments are legitimate compensation for vacation time and retirement severance.

The Courts of Justice in Maranhão, Paraná, Rio de Janeiro, and Rio Grande do Norte asserted that these extra payments strictly adhere to the parameters set by the STF and joint resolutions from the National Council of Justice (CNJ) and the National Council of the Public Prosecutor's Office (CNMP).

These responses come after STF ministers ordered seven state courts to explain indications of non-compliance with the court's stance on excessive pay. A report revealed that 616 judges and appellate judges received monthly salaries exceeding the constitutional ceiling of R$ 46,400, with some reaching as high as R$ 495,000 in May.

For instance, the Maranhão court cited a R$ 270,000 payment as an isolated case related to retirement severance, authorized under a previous administration. They stated that while they understand the payments related to retirement are in line with previous rulings, they have cautioned that such severance payments will now adhere to the constitutional ceiling until the STF makes a final decision. Similarly, the Federal District court attributed a R$ 495,000 payment to a single magistrate to severance, primarily due to accumulated vacation pay, asserting compliance with STF and CNJ norms.

The Paraná court explained its payments involved income tax reimbursements and other benefits authorized by the CNJ. The Rio Grande do Norte court cited the CNJ resolution regarding compensation for unused vacation days, noting ambiguity on whether this should be subject to the STF's 35% limit. The Rio de Janeiro court, whose president also serves as interim state governor, affirmed that it pays bonuses authorized by the court and the CNJ.