STF has majority to release part of the bonuses that had been blocked

Brazil's Supreme Court (STF) has reached a majority decision to reinstate certain financial benefits, often referred to as 'penduricalhos' or 'trinkets,' for judges and members of the Public Prosecutor's Office. These benefits were initially blocked by the court itself in March as part of a ruling on 'supersalaries.'

The newly formed majority allows for the payment of additional amounts related to unused vacation days, judicial on-call duty, leave bonuses, and retroactive payments that were legally recognized prior to the STF's earlier decision. The virtual plenary session is ongoing, with a formal conclusion expected by Tuesday, June 30.

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Even with this specific divergence, there is a majority to authorize the payment of retroactive amounts that were previously suspended, provided that the CNJ has verified the legality and regularity.

Ministers Alexandre de Moraes, Flávio Dino, Cristiano Zanin, and Gilmar Mendes presented a joint vote on Friday, June 26, which was subsequently supported by STF President Edson Fachin. Minister Luiz Fux also concurred on Saturday, June 27, largely agreeing with his colleagues. However, Fux diverged on the specific issue of capping these payments, advocating against a proposed 35% monthly salary limit and any temporal restrictions, arguing that these indemnities constitute acquired rights and should be paid in full.

Despite this specific point of contention, the majority supports authorizing retroactive payments that were previously suspended, provided the National Council of Justice (CNJ) has verified their legality and regularity. This includes the potential payment for up to 30 accumulated days of judicial on-call duty, a benefit conversion that had been prohibited in March. The court is currently deliberating on appeals filed by the Attorney General's Office (PGR) and various judicial and public prosecutor associations seeking the resumption of these benefits. The immediate implementation of the 'quinquênio,' a bonus for career seniority, is also being defended by the ministers, potentially extending to retirees and pensioners.

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the indemnities are an acquired right and, therefore, must be paid in full.