The São Paulo Court of Justice has appealed against a federal decision that halted the payment of additional allowances across the three branches of government, citing concerns over legal insecurity.
The São Paulo Court of Justice (TJ-SP) filed an appeal against a recent decision made by Minister Flávio Dino of the Supreme Federal Court (STF) that suspended the payment of additional allowances, known as 'penduricalhos,' across Brazil's government branches. The court, led by President Francisco Loureiro, argues that this 'generalized suspension' of indemnity payments could lead to a federative imbalance, irreversibly impact judicial administration, and create systemic legal insecurities. The appeal emphasizes the importance of adhering to constitutional transitional regimes to avoid these potential negative outcomes.
In its appeal, TJ-SP expresses concerns that the ruling by Dino, if upheld, could result in significant financial and administrative repercussions for the justice system. The court insists that the integrity of judicial administration depends on maintaining these allowances, which help ensure fair compensation for government officials. Moreover, the court is advocating for a period of at least 18 months for Congress to enact legislation that would properly regulate these indemnity payments, should Dino refuse to reverse his initial decision.
Overall, this legal battle highlights the tension between judicial authority and legislative oversight in Brazil, as the TJ-SP seeks to protect the fiscal stability and operational efficiency of the justice system. The outcome of the appeal could have lasting implications for the relationships among the branches of government and the overall fiscal framework relating to compensation for public officials.
