The Brazilian judiciary and the Public Ministry are tasked with upholding constitutional mandates and democratic order, yet they are currently contending with prolonged compensation inadequacies and excessive workloads. It is emphasized that fair remuneration, reflective of responsibilities and inflation, along with additional compensation for overwork, is vital for maintaining functional independence. As noted by the European Court of Human Rights, lack of adequate pay can expose judges to undue pressures.

The issue of remuneration in the Brazilian legal system has been highlighted since 2005 when the first salaries of the ministers of the Supreme Federal Court and the Attorney General were established as benchmarks for the judiciary and the Federal Public Ministry. Since then, there has been a significant deviation from the constitutional mandate for annual salary revisions, which has compounded the challenges faced by these institutions, as indicated by an exponential increase in litigation across the country.

These ongoing issues of remuneration are not merely administrative; they have real implications for the judiciary's effectiveness and independence. With the increasing workload and stagnant salaries since 2005, there are concerns that judges and members of the Public Ministry may not perform optimally, thereby impacting their ability to deliver justice. Addressing these concerns is essential to maintaining the integrity and functionality of Brazil’s judicial system.