STF upholds higher penalties for crimes against public servants' honor

Brazil's Supreme Federal Court (STF) upheld a Penal Code provision on Thursday (5) that raises penalties for honor crimes against public officials due to their positions. According to Minister Flávio Dino, such offenses harm institutional dignity, though critics argue it grants special privileges. Meanwhile, Congress approved salary hikes exceeding the constitutional cap for its staff.

The STF ruling strengthens special protections for public officials, including the court's president, Senate, and Chamber leaders, as per a 2021 Penal Code amendment. Minister Flávio Dino stated that offenses impact not only personal honor but also the institutional dignity of public roles. Critics contend this undermines principles of impersonality and equality by treating public servants as special victims.

By contrast, in the United Kingdom, a robust liberal democracy, defamation shifted from criminal to civil law in 2009, with no specific safeguards for public agents, who endure heightened scrutiny and broader limits on acceptable criticism.

In the same week, Brazil's National Congress passed raises in salaries and bonuses for its staff, surpassing the constitutional ceiling and creating ongoing long-term expenses. These perks worsen a federal budget already constrained by mandatory spending, leaving no room for investments, especially given the already elevated average pay for this group compared to the general population.

Such actions highlight Brazil's stamental system, where segments of the civil service, like those in the judiciary and legislature, enjoy privileges that exploit public power at the expense of societal needs.

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Centrist leaders in Brazil's Congress resist voting on public perks bill without Lula government, amid STF 60-day deadline.
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Centrist bloc resists voting on perks regulation without government

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Centrist leaders in Brazil's lower house want to avoid voting on a bill regulating extra perks and supersalaries for public servants unless President Lula's government engages directly. The Supreme Federal Court suspended these benefits and ordered Congress to legislate within 60 days, but the deadline is deemed too short in an election year. The STF plenary is judging the decisions this week.

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.

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Brazil's STF and CNJ condemned racist attacks against two black magistrates during a live broadcast and alerted the police to identify those responsible. The bodies requested the breach of data secrecy from the offenders.

STF Minister Flávio Dino ruled on Monday (16) that compulsory retirement for judges is unconstitutional after the 2019 Pension Reform, in a specific case. The decision raises questions about its scope and may concentrate more power in the Supreme Court. STJ and CNJ members note a lack of clarity.

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Brazil's Superior Court of Justice (STJ) unanimously opened a disciplinary process on April 14 against Minister Marco Aurélio Buzzi, following a February preliminary inquiry into sexual harassment complaints from two women. Buzzi will remain away from duties pending the outcome, handled by a new commission of ministers.

The Superior Court of Justice (STJ) unanimously denied an appeal by businessman Luciano Hang, owner of Havan, in a case against Folha de S.Paulo and reporter Patrícia Campos Mello. The ruling upholds the Santa Catarina Court of Justice's decision, which rejected a damages claim linked to a 2018 report on mass WhatsApp messages during the elections.

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Brazil's Chamber of Deputies approved the Anti-Faction Bill (PL 5582/25) on the night of February 24, toughening penalties against criminal organizations and militias. Authored by the executive branch, the bill now heads to President Luiz Inácio Lula da Silva for sanction after Senate amendments. The symbolic vote removed the proposed taxation on online bets.

 

 

 

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