Brazil's Supreme Federal Court approved a rule limiting extra benefits for judges and members of the Ministério Público on March 25, 2026.
The decision targets "penduricalhos" — a term used for various extra allowances and perks that often push judicial salaries beyond the legal limit. By capping these payments, the court aims to ensure compliance with constitutional limits on public-sector remuneration and reduce the financial burden on the state.
Under the new rule, these extra benefits are limited to 35% [1] of the constitutional salary ceiling. This restriction means that the maximum amount payable as a penduricalho can reach up to R$ 78,000 [2]. The ruling also reinforces a prohibition on the creation of new extra benefits within the judiciary and the Ministério Público.
Ministers Flávio Dino, Dora, and Vilela were among those involved in the proceedings in Brasília. While most reports indicate the decision was reached on March 25, one source said a publication date was March 19, 2026. The court's collective action seeks to unify the salary ceiling across these legal bodies.
The ruling specifically targets the practice of adding various bonuses that allow officials to bypass the maximum salary allowed by the constitution. The court's move is intended to bring transparency to judicial pay scales and prevent the proliferation of discretionary allowances.
This measure follows a period of scrutiny regarding the disparity between public sector wages and the broader economic reality of the country. By limiting the total amount of extra compensation, the STF is attempting to standardize the pay structure for the nation's highest legal officials.
“Extra benefits are limited to 35% of the constitutional salary ceiling.”
This ruling represents a significant effort by the Brazilian judiciary to self-regulate and address public criticism regarding 'super-salaries.' By establishing a hard percentage cap on extra benefits, the STF is closing loopholes that previously allowed judges to legally exceed the constitutional salary limit, potentially reducing long-term public spending on judicial payrolls.
