Brazil's Supremo Tribunal Federal unanimously approved the release of part of the indemnity installments, known as "penduricalhos," to judges and prosecutors on Tuesday [1].
This decision addresses the long-standing tension between judicial compensation and the constitutional salary ceiling. By establishing a specific limit on these additional payments, the court seeks to regularize magistrate compensation while preventing excessive payouts that exceed public salary limits [1].
Ministra Cármen Lúcia presented the vote, which received support from the full bench of STF ministers [1]. The ruling allows for the release of these indemnity installments provided that the total payments respect a ceiling of 35% [1] of the constitutional salary limit.
The measure aims to ensure that the financial benefits provided to members of the judiciary and the Ministério Público remain within a regulated framework [1]. The unanimous nature of the vote indicates a consensus among the highest court in Brasília regarding the balance of judicial pay and constitutional constraints [1].
Parallel to this ruling, reports indicate that STF President Edson Fachin has created a working group to monitor the "penduricalhos" paid to magistrates [2]. This oversight mechanism is intended to track how these payments are implemented across the judicial system to ensure adherence to the newly affirmed limits [2].
The court's decision focuses specifically on indemnity installments—payments intended to compensate for specific costs or losses—rather than basic salary increases [1]. By capping these at 35% [1], the STF maintains a legal boundary between base pay and supplemental benefits.
“The STF approved, by unanimous vote, the release of part of the 'penduricalhos' to judges and members of the Ministério Público.”
This ruling establishes a compromise between the judiciary's demand for indemnity payments and the constitutional mandate to limit public servant salaries. By permitting a 35% margin above the ceiling, the STF provides a legal pathway for judges to receive supplemental pay without technically violating the salary cap. The creation of a monitoring group suggests that the court anticipates potential abuse of these installments and is implementing a self-regulatory check to maintain public legitimacy.
