STF upholds decision granting benefits of almost R$1 billion to judges
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The president of the Federal Supreme Court (STF), Luís Roberto Barroso, overturned the decision of the Federal Court of Auditors (TCU) that suspended payments of Additional Time of Service (ATS) to federal judges of almost R$1 billion.
On Friday (22), the Attorney General’s Office (AGU), on behalf of the TCU, appealed the decision of Minister Dias Toffoli, who this week signed an order saying that the TCU does not have the power to prevent payment authorized by the National Council of Justice.
According to calculations by Federal Revenue auditors, the granting of the benefit totals R$16.7 million only in the January 2023 payroll. Retroactive payments would represent a figure of R$872.6 million.
In the decision, Barroso responded to the AGU’s request by saying that the case of penduricalhos for judges did not fit into the urgent decisions provided for by the Rules, and forwarded the request to minister Dias Toffoli, who is the rapporteur of the process.
The president of the Court did not analyze the merits of the matter, but, when denying the appeal, he maintained Toffoli’s decision, which had assured the payment of benefits to federal judges.
“Examining the records, I verify that the case does not fall under article 13, VIII, of the Internal Regulations of the Federal Supreme Court (RI/STF). The case should be forwarded to the distinguished rapporteur”, decided Barroso. Because it is on recess, the Judiciary only judges cases that require urgency.
In the process, the TCU argued that paying for the penduricalhos would bring a risk of “irreparable damage to public coffers”. The Court of Auditors estimated that the inclusion of the additional benefit would represent a monthly impact of R$16 million and an annual impact of R$200 million.
In April of this year, the benefit in question had already been suspended by TCU minister Jorge Oliveira. The ATS allowed for an automatic 5% increase every five years in magistrates’ paychecks, but it was abolished in 2006. However, last year the Federal Judicial Council resurrected it for more senior magistrates.
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