Brazil's Supreme Federal Court ordered seven state Courts of Justice to return payments made to magistrates that exceeded the legal salary ceiling [1].
The order targets "penduricalhos" — additional benefits and bonuses that push judicial compensation beyond the limits set by the court. This move signals a crackdown on judicial spending and the misuse of public funds within the state court systems.
Minister Alexandre de Moraes issued the order requiring the presidents of the seven affected state courts to provide formal explanations [1]. These officials must respond to the Supreme Federal Court within 48 hours [2].
The investigation into these payments reveals a significant scale of expenditure. More than 26,000 magistrates received a total of R$ 5 billion in these additional payments between 2023 and 2024 [3].
Under Brazilian law, the Supreme Federal Court establishes a ceiling for the remuneration of public servants. Payments that exceed this limit are deemed improper, regardless of the specific nature of the bonus or benefit. The current order mandates that the courts not only explain the irregularities, but also recover the funds that were paid out in violation of these rules [1].
The seven state courts involved are now under pressure to justify why these payments were authorized and how they intend to return the money to the public treasury [1].
“The Supreme Federal Court ordered seven state Courts of Justice to return payments made to magistrates that exceeded the legal salary ceiling.”
This action reflects an effort by the Supreme Federal Court to enforce fiscal discipline and legal limits on judicial compensation. By targeting 'penduricalhos,' the court is addressing a long-standing controversy in Brazil where various bonuses are used to bypass constitutional salary caps, potentially undermining public trust in the judiciary's commitment to austerity.
