Following Minister Flávio Dino's February monocratic suspension of certain extra payments—which drew support from retirees and entities but opposition from courts like TJ-SP—Brazil's Supreme Federal Court (STF) on March 25 approved Dino's transitional rules capping 'penduricalhos' at 35% of the R$ 46,366.19 constitutional subsidy for judiciary and public prosecutors, until national legislation. The decision bans perks like 'auxílio-peru' and projects R$ 7.3 billion in annual savings.
In a continuation of the STF case on judiciary remuneration, where Minister Flávio Dino issued a monocratic injunction on February 5, 2026, suspending extras created by administrative acts (supported by retirees and entities, opposed by TJ-SP), the STF on March 25 endorsed Dino's proposal as relator for transitional rules on indemnities and aids paid to judiciary and public ministry members. The cap limits 'penduricalhos' at 35% of the R$ 46,366.19 constitutional subsidy until Congress enacts national legislation. Perks such as 'auxílio-peru' (Christmas aid) and 'auxílio-panetone' were declared unconstitutional, with Dino noting their names 'reveal the distortion of indemnities and affront the decorum of public office.'
Parcels allowed under the 35% cap include: seniority valorization (up to 35%), travel per diems, relocation aid, teaching pró-labore, hard-to-staff locality gratuity, unused vacation indemnity (up to 30 days), cumulative jurisdiction gratuity, and retroactive values up to February 2026 (suspended pending audit). Exemptions cover 13th salary, vacation third, health aid (with proof), permanence bonus, and electoral function accumulation gratuity.
Total remuneration may now reach up to R$ 62,594.35 for early-career members and R$ 78,528 at career peak, below the prior average of R$ 95,000 for long-career servers. The National Justice Council (CNJ) and National Public Prosecutors' Council (CNMP) will standardize via joint resolution, mandating monthly publication on official sites. The rules apply starting April 2026 payroll (paid in May), projecting R$ 7.3 billion in annual savings based on 2025 data.
General public servants remain under statutory regimes until new congressional law, with no set timeline amid an election year. STF oversight continues under Dino's rapporteurship.
