At least one Justice servers' entity, a retired prosecutor and a retired judge voiced support for Minister Flávio Dino's STF decision suspending indemnatory payments created by administrative acts. The São Paulo Court of Justice opposes the measure and quadrupled extras to desembargadores in two years. The case heads to plenary on Wednesday (25).
Minister Flávio Dino's monocratic decision at the Supreme Federal Court (STF), issued on February 5, 2026, suspended extra payments created by administrative acts in the Judiciary and Public Prosecutor's Office, and barred new laws on indemnatory benefits. The action was filed by prosecutors from Praia Grande (SP), and the São Paulo Court of Justice (TJ-SP) sought to join the process after the injunction.
Sixteen entities, such as the Brazilian Magistrates Association (AMB) and the National Association of Labor Court Magistrates (Anamatra), joined the case. The National Association of Retired Federal Judiciary Magistrates and Retired Public Prosecutor's Office Prosecutors (Anampa) supports Dino. Its president, Sônia Maria Ferreira Roberts, stated: "We understand that the Organic Law of the Magistracy and a complementary law on the prosecutor's office guarantee parity for those who entered until 2003." Anampa seeks an adjustment to the remuneration ceiling, currently at R$ 46,366.
A study by the Pessoas à Frente Movement shows that supersalaries impacted R$ 20 billion in the budget over one year, benefiting 1.34% of servers. Twenty civil society organizations, including República.org, published an open letter supporting Dino and praising the suspension of benefits not provided in national law, ordered by Gilmar Mendes on February 23, 2026. Mendes expressed "perplexity regarding the disorder we experience in the remuneration of public agents."
Retired prosecutor Jairo Edward de Luca, who joined the São Paulo Public Prosecutor's Office in 1993 and retired in July 2023, opposes penduricalhos despite benefiting from a R$ 1.4 million acervo compensation. He challenges the CNMP's November 2022 resolution, which made it retroactive for ten years, citing 2015 laws that cap the benefit at the constitutional ceiling.
Retired judge Esmeralda Simões Martinez filed an action at the STF, claiming that converting remuneration into indemnities is "antirrepublicano." Her lawyer, Elda Mariza Valim Fim, said the judge supports a dignified salary but that extras exceed limits.
In opposition, TJ-SP, which appealed Dino's decision citing legal insecurity, quadrupled extras to desembargadores: from R$ 23,000 in 2023 to over R$ 93,000 in 2025, a 304% increase against 10.27% IPCA. The active payroll in 2025 was R$ 3.7 billion, with R$ 2.5 billion in extras. The court states payments are backed by STF and CNJ decisions, including unpaid vacations and shifts. Its president, Francisco Eduardo Loureiro, met with seven STF justices and expects a transition rule in the February 25 judgment.
FGV professor Rafael Viegas notes São Paulo is among the most impacted states due to the volume of indemnatory benefits. Lawyer Lenio Streck assesses that Mendes' decision reinforces Dino and may address the constitutionality of law-based advantages.
