TCU contradicted the opinion of the technical area by authorizing penduricating for judges

The ministers of the Federal Court of Auditors (TCU) contradicted an opinion from the Court’s technical area by confirming the payment of the benefit that allows for an increase of around a third in the monthly remuneration of federal and Labor judges. The technicians considered the benefit, which was extended to TCU ministers, irregular.

The report was prepared by the court’s Personnel Specialized Audit Unit, which pointed out the existence of “robust evidence of irregularities” in the penduricalho, according to the newspaper’s findings. Folha de S. Paulo. The Public Ministry together with the TCU questioned the resolutions of the Federal Justice Council and the Superior Labor Justice Council that approved the extra remuneration.

On the 13th, Minister Antonio Anastasia, rapporteur of the action, asked for the case to be closed. The rapporteur’s understanding was followed by the other ministers. In the opinion, TCU technicians classified the benefit as “peculiar and totally disproportionate” and asked for its immediate suspension. The technical area estimated that the measure, which covers almost the entire judiciary, could result in expenses of around R$865 million to the treasury.

“No effort is needed to notice violations and offenses against the constitutional principles of reasonableness, legality, morality”, says the opinion. The technicians highlighted that the resolutions “created new bonuses, through a rhetoric of asymmetry between careers”, without the knowledge of Parliament. The auditors argued that the benefit should have been discussed in Congress and established in law.

The pendant allows judges to receive a bonus for accumulating duties for additional administrative or procedural activities. With this, judges can opt for proportional payment without hitting the salary cap for prosecutors and prosecutors.

Although the TCU is not part of the Judiciary, there is a constitutional comparison of rights, which is why the benefit is also extended to the Court’s ministers. The court is an external control body of the federal government that helps the National Congress monitor the country’s budget execution.