Feb 24 β€’ 22:54 UTC πŸ‡§πŸ‡· Brazil Folha (PT)

STF has jurisprudence against extras, but wavering application

The Brazilian Supreme Court (STF) has established a position against additional remuneration for public servants, yet inconsistent applications of this stance have allowed these extra payments to proliferate.

The Brazilian Supreme Court (STF) has over the years consolidated a legal understanding that opposes the granting of extra remuneration or 'penduricalhos' in the public sector. Despite the clear legal framework aimed at preventing constitutional salary ceilings from being undermined by terminological loopholes, there has been inconsistency in how these rulings are applied, leading to a troubling proliferation of such additional payments across various government branches.

Recent investigations by Folha have highlighted this judicial trend and revealed how the STF's approach, though largely coherent, has at times faltered in practical application. This inconsistency has raised concerns about the integrity of the constitutional salary caps meant to ensure equitable compensation across the public sector. As the court prepares to convene to re-evaluate these issues, the decisions from this assembly will likely have significant implications for the future of public servant remuneration in Brazil.

On Wednesday, the STF will revisit a key decision regarding a temporary ruling made by Minister FlΓ‘vio Dino, which halted the use of penduricalhos across the three branches of government and reinforced the constitutional salary ceiling. In his ruling, Dino emphasized that the court has consistently been called upon to resolve many constitutional disputes arising from repeated attempts to circumvent the remuneration cap, indicating the need for decisive action to reinforce adherence to the established legal standards.

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