Irreducibility of Maturities
The Virtual Plenary of the Federal Supreme Court began analyzing on Friday (2/2) a request to modulate the effects of the decision that invalidated the amendment to the Constitution of Amazonas that established the value of the judges’ allowance as a single salary limit for municipal public servants. of the state Court of Justice.
Virtual Plenary Trial ends on February 9
In a 2021 decision, the STF unanimously understood that the salary ceiling applicable to municipal employees, with the exception of councilors, is the mayor’s allowance.
The Legislative Assembly of Amazonas filed an embargo requesting the modulation of effects so that a period of 4 years is granted “so that Amazonian municipalities have time to change the mayors’ allowance”, so that civil servants do not have their salaries reduced immediately.
Minister Luiz Fux, rapporteur of the case, considered the request partially valid to define only that employees do not need to return amounts received while the amendment considered unconstitutional was in force.
“The Plenary of this Federal Supreme Court has several precedents in order to be
It is unnecessary to reimburse the treasury for food funds received by public servants based on provisions declared unconstitutional, considering the good faith of the beneficiaries”, he stated.
According to the minister, however, the receipt of unconstitutional amounts cannot be maintained in the name of “reasons of legal certainty” and the rule of irreducibility of salaries.
“This Court has rejected the understanding that for reasons of legal certainty, the
guarantee of the acquired right or the rule of irreducibility of salaries would make it possible to maintain, even if provisionally, the receipt of unconstitutional amounts”, stated the minister.
The embargo analysis will be completed on February 9th.
Click here to read the rapporteur’s vote