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Public Prosecutor’s Office Granted Retroactive Billion-Dollar Payments. Supreme Court May Redefine Rules on Perks and Constitutional Ceiling.
The Public Prosecutor’s Office disbursed R$ 2.9 billion in perks between 2023 and 2024, according to a survey released this Tuesday (24).
The study, conducted by Transparência Brasil and República.org, indicates that active prosecutors and attorneys received retroactive payments that, in many cases, exceeded the constitutional ceiling.
The revelation placed the issue at the center of national debate and led the Supreme Court to analyze the legality of these benefits.
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The data covers state and federal prosecutors.
Furthermore, it shows that most of the amounts were authorized internally, without prior court decision.
The financial and legal impact has reignited discussions about salary limits in public service.
Perks in the Public Prosecutor’s Office: Internal Decisions Funded Most Retroactive Payments
According to the study, nearly 90% of the R$ 2.9 billion — equivalent to R$ 2.6 billion — were paid after administrative decisions made by the agencies themselves.
In other words, there was no court order mandating the grant.
The so-called perks include additions for length of service, accumulation of functions, and salary adjustments.
Although many of these funds are classified as indemnity, in practice they raised the remuneration above the constitutional ceiling.
The Constitution stipulates that no public servant can receive more than the ministers of the Supreme Federal Court, whose current salary is R$ 46.3 thousand.
Still, the retroactive payments ended up increasing the monthly earnings of a significant portion of the category.
90% Exceeded the Constitutional Ceiling in 2024
The survey shows that, only in 2024, 90% of the prosecutors and attorneys who received retroactive payments had, at least in one month, remuneration above the constitutional ceiling.
The calculation considered only base salary and retroactive amounts.
Therefore, benefits such as vacation and thirteenth salary were not included in the calculation. This indicates that the total remuneration may have been even higher.
The data reinforces the magnitude of the problem and helps explain why the issue gained attention in the Supreme Court.
Million-Dollar Case in Maranhão Leads Ranking
Among the most notable examples is the Public Prosecutor’s Office of Maranhão.
One single prosecutor received R$ 4 million in retroactive compensation in the analyzed biennium.
Additionally, the 40 largest individual payments in the country were made to members of the Maranhão Prosecutor’s Office.
The volume draws attention and highlights regional inequalities.
In total, 15% of Public Prosecutor members received more than R$ 500 thousand in retroactive payments between 2023 and 2024.
From this group, more than 580 officials earned over R$ 1 million, while 67 exceeded R$ 2 million just in retroactive payments.
States with Highest Spending on Perks
The study analyzed data from 27 of the 30 Public Prosecutor’s Offices in the country.
Santa Catarina and Mato Grosso do Sul did not provide information, while Pará Prosecutor’s Office presented incomplete data.
Among those that spent the most on retroactive payments are Rio de Janeiro, Paraná, São Paulo, Minas Gerais, and Maranhão.
Only Rio de Janeiro disbursed R$ 852 million.
On the other hand, there are significant differences in the percentage of beneficiaries.
In Rio Grande do Norte, 100% of the members received retroactive payments.
In Paraná, the rate was 98%, and in Bahia, 93%.
In contrast, Sergipe registered only one beneficiary, while in Piauí only 3% of the members received extra amounts.
Supreme Court Joins the Debate on Constitutional Ceiling
The controversy reached the Supreme Court after a preliminary ruling by Minister Flávio Dino.
He prohibited the payment of new retroactive additions after February 5 and mandated the review of already granted funds.
According to the minister, many benefits began to be classified as “indemnity,” bypassing the constitutional ceiling.
However, he argues that these amounts function, in practice, as permanent salary supplements.
Among the examples cited are compensation for function accumulation, travel assistance, and education aid.
For Dino, the lack of individual proof in some cases may disqualify the indemnity nature of the funds.
The Supreme Court’s plenary is reviewing the decision, which will have a national impact.
The understanding will apply to the Union, states, and municipalities.
Public Debate and Transparency
Thus, the discussion about perks in the Public Prosecutor’s Office goes beyond the legal sphere.
It also involves transparency, control of public spending, and fiscal balance.
While supporters argue that retroactive payments correct historical distortions, critics question the lack of uniformity among states and the impact on the budget.
Therefore, the National Council of the Public Prosecutor’s Office has not yet commented on the survey.
Thus, the judgment in the Supreme Court could redefine the limits of indemnity funds and establish clearer parameters regarding the constitutional ceiling.
The outcome is likely to influence not only the Public Prosecutor’s Office but the entire Brazilian public service.
See more at: Public Prosecutor’s Office Paid R$ 2.9 Billion in Perks Between 2023 and 2024 | CNN Brasil
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