Approved last week by the CCJ (Constitution and Justice Committee) of the Senate, the PEC (Proposed Amendment to the Constitution) of the Quinquennium foresees an increase in remuneration of 5% every five years for the top level of the Judiciary. The discussions on the Five-Year PEC bring to light the recurring debate about the payment of “super salaries” to members of the Judiciary.
President of the Federal Senate, Rodrigo Pacheco; vice-president Veneziano Vital do Rêgo; government leader in the National Congress, Randolfe Rodrigues – Photo: Jefferson Rudy/Agência Senado
In Santa Catarina, of the seven bodies that can implement the five-year period, the TJSC (Court of Justice of Santa Catarina) has the largest budget. In 2023, the institution received more than R$2.6 billion in transfers from the twelfth.
The largest portion of the budget is allocated to paying payroll. Analysis of paychecks on the Transparency Portal shows super salaries that exceed R$146,000 for magistrates. The amount is 232% higher than the constitutional ceiling of R$44,008.52 per month, the limit amount to be paid to public servants.
Judges’ salary
The NDI (ND Group Data Center) analyzed the remuneration of judges who are active and represent the top of the judicial career.
Of the 96 judges whose paychecks were analyzed last month, all were paid above the ceiling, 58 with remuneration above R$100,000, 29 above R$80,000 and 11 above R$60,000.
Remunerations above the constitutional ceiling occur because of various possibilities for benefits and extra amounts that are allowed in the legislation. In the paychecks analyzed, 14 types of benefits were identified.
The types of additions are divided into two types of personal advantages, three types of compensation, four types of additional advantages called “occasional” and five types of bonuses.
TJSC response
In response to questions from the ND Group, the TJSC stated, in a note, that “the remuneration paid strictly complies with the current legal system, as well as any payments in the form of compensation, which are not covered by the constitutional ceiling, including: advance payment thirteenth salary; daily; advance vacation and stay allowance.”
Super salaries across the country
The amounts above the ceiling paid in Santa Catarina are not isolated cases. A survey carried out by the Parliamentary Front for Administrative Reform showed that around 71% of judges in the country receive, on a monthly basis, a salary above the constitutional ceiling because of the so-called “perks”. Also according to the organization, a state judge costs, on average, the same as 12 nursing assistants.
Senate holds first session to discuss the proposal
The Senate Plenary held this Tuesday (23) the first discussion session of the PEC of the Five Years which, like any proposed amendment, has to be discussed and voted on in two rounds in each House of Congress and is only considered approved if it is obtained. at least 3/5 of the votes of deputies (308 votes) and senators (49 votes) in each of the rounds.
Plenary of the Federal Senate during an ordinary deliberative session discusses the ‘Super Salaries’ PEC – Photo: Jefferson Rudy/Agência SenadoBefore voting in the first round, the PEC goes through three discussion sessions in the Plenary, and two more discussion sessions before the second round. If approved, the PEC is promulgated by Congress and its text is inserted as a Constitutional Amendment in the Magna Carta.
Budget
The TJSC receives a 9.41% share of the twelfth transfer in the State, the largest among all bodies, which includes Alesc (4.34%), MPSC (3.98%), Udesc (2.49%) and TBI (1.66%). In 2023, TJSC received R$2,684,375,510.83.
