Brazil's Supreme Federal Court ordered the suspension of judicial payments that exceed the constitutional salary ceiling this Wednesday [1].
The move targets "penduricalhos" — additional benefits and bonuses that allow magistrates to earn more than the legal limit — to ensure fiscal compliance and prevent the abuse of public funds [2].
Four ministers of the Supremo Tribunal Federal (STF), including Alexandre de Moraes, Gilmar Mendes, Cristiano Zanin, and Flávio Dino, led the decision [1]. The court said that the presidents of seven state Courts of Justice must clarify the nature of these payments and return the amounts paid above the ceiling [2].
The STF is expanding its crackdown on these irregular payments to enforce a strict interpretation of the constitutional limit. This effort aims to standardize compensation across the judiciary and eliminate loopholes used to bypass salary caps [2].
The presidents of the affected courts must now provide detailed justifications for the disbursements. The court said that failure to comply or clarify the payments could lead to further sanctions, including the potential removal of court presidents from their positions [2].
This action follows a period of increased scrutiny regarding the use of public resources within the Brazilian legal system. By targeting seven specific state courts [2], the STF is signaling a broader intent to audit judicial spending nationwide.
“The STF ordered the suspension of payments made above the constitutional ceiling to magistrates.”
This ruling represents a significant effort by Brazil's highest court to police its own branch of government. By targeting 'penduricalhos,' the STF is attempting to close legal loopholes that have historically allowed high-ranking judges to bypass salary caps, potentially reducing public friction over judicial spending and reinforcing the rule of law regarding fiscal limits.
