CNJ Corregedoria creates ceiling of R $ 46,300 for judges’

The Corregedoria of the National Council of Justice (CNJ), the management body of the Judiciary, defined that the hangers paid by the courts to magistrates can reach the limit of R $ 46,300 per month, which corresponds to the ceiling of civil service.

The burst is authorized in 100% of the constitutional limit paid to servers, which is R $ 46.3 thousand – remuneration of the Ministers of the Supreme Court (STF). In practice, an exclusive ceiling for magistrates, of R $ 92,600 per month is created.

This is the first time that the National Council of Justice has established a limit for the extras that have gained paychecks from judges and judges. In several courts the accumulation of penduricals guarantees the judges subsidies of R $ 200 thousand per month.

The decision of the National Court of Justice is not imposing. Formally, the courts are not required to observe the value, but may suffer punishment if the CNJ corregedoria is called. The courts have administrative and financial autonomy, but the National Court of Justice may cancel management decisions if there is illegality.

In a statement, the CNJ reported that the decision has no “binding effects,” but should “inspire the adoption of identical measures by all courts.”

If, on the one hand, the decision sets an objective limit for the penduricals in the judiciary, on the other, recognizes as valid the payments that burst the constitutional ceiling. All benefits claim the courts when questioned, they are provided for in specific legislation, administrative resolutions and internal regiments.

Although the Constitution limit the civil service allowance to which an STF minister earns, magistrates receive aids that do not enter this calculation. Indemnity funds (such as aid for transportation, food, housing and health) and eventual advantages (such as 13th salary, late vacation reimbursement and eventual extraordinary services) are counted out of the ceiling, paving the way for so -called “supersalaries”.

As showed the Estadãomagistrates received salaries of up to R $ 678 thousand in 2024. Payments are inflated by these extra funds.

The roof for the pendurichers was defined by Minister Mauro Campbell, corrector of the CNJ, when analyzing a request from the Court of Sergipe to pay the additional for time of service (ATS) retroactive to state magistrates.

In the decision, the minister states that “the payment of any functional liabilities, either in isolation or cumulative, regardless of their remuneration or indemnity nature, may not exceed monthly the aforementioned amount (R $ 46,336,19)”.

Benefit extinct for almost 20 years, the surcharge for length of service, popularly known as five -year, causes a 5% automatic increase in maturities every five years and does not enter the calculation of the remuneration ceiling. Courts have been paying the bonus based on a decision of the Federal Justice Council that restored the pendurical in the Federal Justice. The measure was “copied” by state and labor courts.

In his decision, Minister Mauro Campbell stated that there is no “any news of impediment in the court jurisdictional or administrative for the payment in question” and authorized the retroactive ATS with the warning that the Sergipe Court must observe “the financial and budgetary availability of the executive branch, and must also refrain from requesting complementary financial support for implementation of public expense”.

For Guilherme Stumpf, a lawyer who specializes in Administrative Law, the decision legalizes a kind of “extracto”. “The subsidy regime has been instituted precisely to end all these hangers and create a unique form of maturity. What is seen at all times are attempts to pierce the ceiling or to create things that are added to it,” he criticizes.

The lawyer states that the benefits for careers of the judiciary and the prosecutor have been created administratively, without passing the sieve of the Legislature, and without clear parameters.

“We need to discuss these issues openly and that the judiciary itself proposes and participates in the debate. Invalidating any criticism of the remuneration system alone ends up weakening transparency. It is urgent that we discuss it freely.”

Stumpf assesses that, although it has no binding effect, the decision of the CNJ Corregedoria tends to be followed by the country’s courts. “It is true that the decision determines that such payments must be subject to the financial availability of each state. In practice, however, there is no guarantee that the courts will not require opening credits from governors to pay this expense,” adds the lawyer.

President Luiz Inacio Lula da Silva (PT) PEC (PT) provides, among other measures, to end salaries above the ceiling in the civil service. The proposal generated a strong reaction in the courts and in the magistrates’ associations, which are harshly criticizing any hypothesis of change.

Minister Flávio Dino of the Federal Supreme Court also seeks to guide the debate. In a recent decision, the minister classified the granting of benefits to magistrates outside the ceiling of civil service as “unacceptable all-voucher.”

With the word, the National Council of Justice

Any monocratic decision issued by the National Corregedor of Justice or any counselor is subject to appeal to the plenary, according to the Internal Regulations of the National Council of Justice.

The decisions of the National Corregedor of Justice are made on a case -by -case basis, without binding effects. It means that the decision made in the case of the TJSE produces effects only regarding that cut, it should not be inspired by the adoption of identical measures by all courts;

The limitation established in the decision was based on the payment of retroactive amounts the remuneration of the civil service. Such a decision was made to establish an objective criterion.