The São Paulo Court of Justice (TJ-SP) has decided to appeal the ruling made by Supreme Court Minister Flávio Dino, which ordered the suspension of illegal extras known as 'penduricalhos' in the public service sector. In its appeal, the TJ-SP argues that any decision affecting supplemental pay must await the Congress's establishment of national regulations. The court expresses concern that a blanket suspension could create inconsistencies across the federation, jeopardize justice administration, and result in irreversible financial consequences and systemic legal uncertainty.

On February 5, Minister Flávio Dino mandated the suspension of all additional payments without legal basis and allowed a 60-day period for the three branches of government to conduct a review. This is in line with the constitutional stipulation that public sector compensation must not exceed the established maximum ceiling for public servants, currently set at R$ 46,366. The TJ-SP contends that this suspension could lead to potential disruptions within the justice system and seeks a resolution that aligns with federal legislative processes.

This appeal highlights the ongoing tension between judicial decisions and legislative authority in Brazil, particularly regarding public sector remuneration. The TJ-SP's argument underscores the need for a cohesive national approach to regulation, particularly in light of the diverse interpretations and implementations of such laws across the country. The implications of this case could set significant precedents for how supplementary payments are handled within Brazil’s public service framework.