Judges are more unhappy with their salary and career – 12/15/2023 – Power

Dissatisfaction with an average salary of R$28,000, episodes of abuse of authority and accumulation of trinkets help to explain why experts say that many judges do not consider themselves servants, but a class apart in the public sector.

In the federal Judiciary, for example, magistrates earn, on average, up to seven times more than other employees. The remuneration of civil servants ranges from R$4,124, the starting salary for legal assistants, to R$19,800, a higher amount for analysts.

Among judges, the average salary is R$28,000, according to data from the CNJ (National Council of Justice) from September.

Even though they receive higher amounts, judges are more dissatisfied with their remuneration. For approximately 74%, the salary they receive does not match their job. Among servers, the rate is 46%.

The data comes from the CNJ census released this year. Responses were collected via electronic form. 63,200 civil servants and 6,100 magistrates participated.

In a statement, the Association of Brazilian Magistrates says that the category is facing devaluation and, therefore, more judges are leaving their careers in search of better conditions in the private market.

According to the entity, the lack of correction of subsidies affects the quality of life of judges and access to Justice will only be guaranteed with investments in judicial provision.

“Judges do not see themselves as civil servants, but as a special category that gives rise to their own prerogatives, in addition to those of public servants”, says Vitor Rhein Schirato, professor at USP’s Faculty of Law.

Unlike other civil servants, magistrates are entitled to two vacations per year. Many also receive considerable amounts in benefits, including housing allowances and additional allowances for accumulated duties, which are added to their remuneration. In September, 226 federal judges received more than the constitutional ceiling (R$41,650.92).

Cases like the one carried out by judge Kismara Brustolin, from the Xanxerê Labor Court, in Santa Catarina, reveal the way in which magistrates view their own authority. At the end of November, Brustolin shouted at a witness, demanding to be called “your excellency”. The CNJ is investigating the conduct of the judge, who requested leave for health reasons.

Even loss of position and penalties are different between magistrates and civil servants. This is because public professionals and members of Power, such as judges and prosecutors, are governed by different articles of the Constitution, according to Wallace Corbo, professor of constitutional law at Uerj (State University of Rio de Janeiro) and FGV (Fundação Getúlio Vargas).

Stability, for example, is given to civil servants after three years of probation. For magistrates, life is granted after two years.

Due to this difference, a judge or judge only leaves office through legal action, while a civil servant can be dismissed through an internal administrative process. In general, the maximum penalty given to judges is compulsory retirement, in which they continue to receive a salary.

“This explains why magistrates often do not see themselves as civil servants, but rather as members of power that actually receives different treatment in the Constitution, but which does not justify the elitist view”, says Corbo.

Vitor Rhein Schirato, from USP, attributes this perception to the fact that the judiciary has historically been occupied by higher classes, which has made the career elite.

The CNJ census does not present information on the income of the judges’ families of origin, but it shows that around 45% have a father and mother with completed higher education. Among other Judiciary employees, the same rate drops to approximately 29%.

Furthermore, the judiciary is not very diverse, made up mainly of men (60%) and whites (82%), which makes it even more elite. Only 15% of judges are black.

Among other Judiciary employees, the number of black and brown people rises to 26.5%. Women are the majority, around 54%.

According to Juliana Teixeira Esteves, professor at the Faculty of Law at the Federal University of Pernambuco, the lack of representation takes magistrates away from serving the population.

“In the past, access to higher education had problems linked to issues of race and gender. Therefore, the judiciary today does not reflect the profile of Brazilian society and perpetuates previous, often prejudiced, structures. Some judges reproduce these inequalities”, he states.

She also says that, although the responsibility of magistrates is greater, the accumulation of work is constant at all levels of the Judiciary. According to the professor, the overload among technicians, assistants and legal analysts has increased in recent years, due to the reduction in public competitions.

But career satisfaction is different for judges and other employees. CNJ data shows that 91% of civil servants are happy to work in the Judiciary, a figure that drops to 69% among magistrates. Approximately 47% of judges are dissatisfied with their career.

Even when they disagree with the situation in the judiciary, judges do not think about changing careers. Almost 88% do not want to take part in competitions for other areas, according to the CNJ census.

Career will have another stage

The National Judiciary Exam, approved in November by the CNJ, aims to change the career paradigm. The test, of an eliminatory nature, has as one of its objectives to make the career more diverse, which would break with elitism.

Once approved, Minister Luís Roberto Barroso, president of the STF (Supreme Federal Court) and the CNJ, said that the exam will put an end to suspicions of favoritism, in which members of local judiciaries influence the results of the competition to favor friends and relatives.

After the test, candidates will still go through the following stages of the regional courts. The exam will require a lower score for black and indigenous people, of 50%, while other candidates must have a success rate of 70%.

According to Wallace Corbo, professor at Uerj and FGV, adding a stage to the competition could increase obstacles for more vulnerable people. He says that, at the same time, the evidence can cause local courts to simplify the following phases.

“If it is not associated with a broader project, such as scholarships for preparatory courses for black candidates, as Minister Barroso intends, the exam could complicate the lives of those who have the most difficulty accessing the Judiciary.”