STF drops single salary cap for state and municipal employees of Amapá – News of Brazil
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The Plenary of the Federal Supreme Court (STF) invalidated the setting of a single remuneration sub-ceiling for state and municipal public servants in Amapá. The unanimous decision took place in the judgment of the Direct Action of Unconstitutionality (ADI) 6843, filed by the Attorney General’s Office (PGR).
The measure, provided for in article 42, item XI, of the Constitution of Amapá, with the wording given by Constitutional Amendment 35/2006, establishes that the remuneration of civil servants cannot be greater than the monthly allowance of judges of the local Court of Justice (Tjap ), limited to 90.25% of the subsidy of STF ministers.
municipal autonomy
In his vote for granting the request, the rapporteur, Minister Luís Roberto Barroso, stated that the measure violates article 37, item XI, of the Federal Constitution, which provides for the mayor’s subsidy ceiling in municipalities. According to him, it is not up to the states to interfere in municipal autonomy to establish remuneration ceilings.
The rapporteur pointed out that, according to Supreme Court case law, if the state opts for a single sub-ceiling, the parameter applies only to its own servants, and the reference is the subsidy of the judges of the Court of Justice. Only the remuneration of state deputies is left out, whose remuneration ceiling is established in the Constitution of the Republic.
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