Brazil's National Council of Justice (CNJ) and the National Council of the Public Ministry (CNMP) approved a joint resolution to regulate extra-salary payments.
This move seeks to formalize "penduricalhos" — additional benefits that often bypass salary caps — following Supreme Federal Court limits on public servant pay. The resolution aims to ensure legal compliance and transparency in how these judicial and prosecutorial bonuses are administered.
During a meeting in Brasília on April 9, 2026, the two councils identified 698 [2] retroactive payments, a figure described by some reports as almost 700 [1]. These payments are designated for judges and members of the Public Ministry.
The councils said the resolution is necessary to regularize these benefits after the Supreme Federal Court established limits on "supersalaries" for public servants [1]. By creating a standardized framework, the bodies intend to bring these retroactive claims into a legal structure that prevents arbitrary pay increases, while maintaining the rights of the officials involved [3].
The identification of nearly 700 [1] retroactive cases highlights the complexity of Brazil's judicial payroll. The joint resolution serves as a mechanism to categorize these payments and determine their eligibility under current law [3].
Officials from the CNJ and CNMP said the measure ensures that the administration of judicial resources remains transparent. The resolution allows the councils to oversee the distribution of these funds and ensure they do not violate the constitutional ceiling for public salaries [1].
“The CNJ and CNMP identified 698 retroactive payments”
This regulation reflects an ongoing struggle within the Brazilian state to balance the constitutional salary cap with the tradition of 'penduricalhos,' or supplemental benefits. By formalizing these retroactive payments, the CNJ and CNMP are attempting to mitigate legal uncertainty and public criticism regarding high judicial spending, though the approval of such benefits may still be viewed by critics as a way to circumvent pay ceilings.
