2023-07-23 02:49:09
Carlos Moura/SCO/STF
The Minister of the STF, André Mendonça
The Minister of the Federal Supreme Court (STF), André Mendonça, suspended, this Saturday (22), five laws in the state of Goiás that allow state public servants to receive salaries above the civil service ceiling, provided for in the Federal Constitution of 1988.
Currently, this ceiling is equivalent to the salary of STF ministers (R$ 41.6 thousand). The precautionary measure granted by André Mendonça immediately suspended the effects of the state rules questioned in the direct action of unconstitutionality (ADI 7402), proposed by the Attorney General of the Republic, Augusto Aras.
The Advocacy General of the Union (AGU) also expressed itself in favor of granting the precautionary measure. The preliminary decision will still be analyzed by the other ministers of the court, in the plenary of the STF.
Indemnity funds
The articles questioned are from five state laws that regulate the compensation amounts awarded both to commissioners and to effective public servants of the state government, the state Judiciary, the Court of Auditors of the State of Goiás and Goiás municipalities, in addition to attorneys from the Public Ministry of Accounts (arts. 92, paragraph 2, and 94, sole paragraph, of Law 21.792, of 2023; article 2 of Law 21.832/2023; Law 21.833/2023; and article 2 of Law 21.761/2022).
The said rules regulated the receipt of so-called “indemnity funds”, which exceed the limit set by the civil service ceiling.
André Mendonça also pointed out that the Federal Constitution establishes the maximum and minimum values that can prevail in any of the political entities or their administrative entities, in any quadrant of the country.
“Such values correspond to the maximum (set by the subsidy of the Minister of the Federal Supreme Court) and minimum (which is established by the pecuniary standard legally defined as the minimum wage for any worker)”, wrote the minister in his preliminary decision.
The magistrate also understands that the maximum amount of remuneration received by civil servants of the Union, states, Federal District and municipalities must be respected.
“Observation of the remuneration ceiling rule represents a true condition of legitimacy for the payment of remuneration in the public service”, says the minister of the STF in the case file.
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