STF forms majority to overthrow prosecutors and prosecutors

The Federal Supreme Court (STF) formed a majority to overturn the payment of a pendant to the Public Ministry, the so-called “fifth”, “tenth” and “option”. The additional amount was established by a resolution of the National Council of the Ministry (CNMP) and provides that attorneys and prosecutors who held positions of directors, heads and advisors of the MP receive the benefit.

The trinket continued to be paid even after prosecutors or prosecutors left these leadership roles, reported the Estadão. The additional fee is paid to MP members who met requirements to receive it before December 1998, the year of the administrative reform. The advantages were called “fifths” or “tenths” due to the volume of resources incorporated into salaries.

The “option” is linked to members of the Federal Public Prosecutor’s Office (MPF), who before 1993 – the year of creation of the Attorney General’s Office – exercised functions linked to the AGU. After the creation of the AGU, the members of the MPF could choose whether to migrate to the Attorney’s Office or remain in the MPF, but with the possibility of advocating in cases that were not filed against the Union.

The action was filed at the Court in 2006 by President Luiz Inácio Lula da Silva (PT) and by the Attorney General’s Office (AGU). The CNMP resolution is from the same year and still released the payment of an additional 20% for those who had retired before 1998, at the last level of the MP career.

Minister Luís Roberto Barroso, rapporteur of the case, defended that the maintenance of “personal advantages” to MP members is unconstitutional. The minister argued that the “Constitution emphatically prohibits the addition of any type of remuneration or personal advantages resulting from the regular exercise of the position”.

The minister also pointed out that “the incorporation of personal advantages arising from the past exercise of management, leadership or advisory functions, as well as the addition of 20% to the calculation of retirement earnings for those who retire at the last level of their career, confront the constitutional subsidy regime.

The ministers Alexandre de Moraes, Luiz Fux, Edson Fachin, Cármen Lúcia and Dias Toffoli accompanied the understanding of the rapporteur. The trial takes place in the virtual plenary of the Court and must be completed by August 7.