Tribunals deny lack of benefits for judges and appeals judges

A retired judge stated in an STF session that first-instance judges lack cars, health plans, or snacks, but various tribunals across the country denied the claim, confirming aids such as food vouchers, health support, and official vehicles. The statement was made during discussions on restrictions to indemnatory funds for magistrates. The judgment was adjourned to the end of March.

In a Supreme Federal Court (STF) session on Wednesday (25), Claudia Marcia de Carvalho Soares, representing the Brazilian Association of Labor Magistrates (ABMT), defended penduricalhos, extra indemnatory funds paid to judges, claiming precarious conditions for the category. "A first-instance judge has no car, pays fuel out of pocket, has no functional apartment, no health plan, no cafeteria, no water, and no coffee. An appeals judge has almost nothing, except a car, barely has a snack," said Soares, a retired judge from the 1st Region Labor Court who received over R$ 700,000 in net income in 2025, with nearly R$ 300,000 in October, November, and December.

The judgment, discussing the limitation of these funds following decisions by ministers Flávio Dino and Gilmar Mendes, was adjourned to the end of March. In response to Folha de S.Paulo, which contacted 27 State Justice Tribunals, six Federal Regional Tribunals, and 24 Labor Regional Tribunals, several courts confirmed benefits for magistrates.

The Superior Council of Labor Justice (CSJT) stated that the standard is to provide cars for second-degree magistrates, with individualized service in larger tribunals, plus snacks during morning and afternoon sessions and health plans or medical reimbursement. The Rio Grande do Norte State Justice Tribunal (TJ-RN) offers a R$ 2,000 food voucher and health aid from R$ 1,200 to R$ 1,900, with vehicles for appeals judges. In Rio Grande do Sul (TJ-RS), there is food aid, health, and childcare, plus snacks for appeals judges on judgment days, with cars limited to the president, vice presidents, and chief inspector.

The Minas Gerais State Justice Tribunal (TJ-MG) provides health, food, and childcare aids, with the option of car and driver for appeals judges in functional activities. The São Paulo State Justice Tribunal (TJ-SP) has health aid with reimbursement of proven medical expenses up to a limit. The Santa Catarina State Justice Tribunal (TJ-SC) limits benefits to those set by the National Justice Council (CNJ), with vehicles for work travel.

On the other hand, the Mato Grosso State Justice Tribunal (TJ-MT) and Roraima (TJ-RR) stated they do not pay such benefits beyond legal remuneration. The Rio de Janeiro State Justice Tribunal (TJ-RJ) provides armored institutional vehicles to appeals judges and health plans. The Federal District and Territories Justice Tribunal (TJDFT) and Amazonas (TJ-AM) did not detail the aids.

According to Transparência Brasil, indemnities and gratuities often violate the constitutional ceiling, with most magistrates receiving above the limit, especially in lower and intermediate instances. Vitor Rhein Schirato, a USP administrative law professor, called Soares' statement "absurd," questioning why judges wouldn't cover costs like in other professions.

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Supreme Court Justice Flávio Dino ordered the suspension of extra benefits known as penduricalhos across Brazil's three branches of government, with a 60-day review period. The ruling aims to curb supersalaries that evade the constitutional cap of R$ 46,366.19. Meanwhile, Congress approved salary hikes and new perks for its staff, costing at least R$ 650 million yearly.

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).

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