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In a controversial move, Brazilian judges managed to prevent cuts to super salaries after threats of mass retirement. Congress relaxed the government's original PEC, allowing payments above the constitutional ceiling to be maintained.
In a movement that shook the behind the scenes of the Legislative Branch and sparked heated discussions, Brazilian judges and prosecutors lobbied hard to avoid cuts to so-called super salaries.
The fear of losing these financial advantages led to drastic strategies, including threats of mass retirement, generating an impasse that mobilized the National Congress and resulted in a surprising relaxation of the rules proposed by the government.
According to legislative sources, the result was the approval of changes that leave loopholes for maintaining payments above the constitutional ceiling.
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But how did this happen? And what does this decision mean for the future of public finances and the justice system in the country? Check out the details of this controversy.
The flexibility approved by Congress
The government's initial proposal, presented in a Proposed Amendment to the Constitution (PEC), provided for clear restrictions on super salaries.
The text determined that only compensatory amounts provided for in complementary law could exceed the constitutional ceiling, set at R$44, equivalent to the salary of a minister of the Supreme Federal Court (STF).
However, the National Congress changed the wording to allow ordinary laws, which require a smaller quorum for approval, can also regulate these payments.
According to experts, this makes it easier to maintain the “extras” that inflate the salaries of justice workers.
Another controversial measure adopted was the guarantee that, until new laws are passed, existing super salaries will continue to be paid normally. In other words, the status quo was preserved.
Lobbying and pressure from categories
Since the beginning of December 2024, judges and prosecutors have intensified their efforts in Congress to block the part of the fiscal package that could limit their earnings.
Entities representing these categories released public statements warning of the risk of a “mass exodus” of professionals, if the PEC were approved in its original form.
These entities stated that around 40% of members of the judiciary and the Public Ministry could retire if there were cuts in super salaries.
Court presidents warned that this mass retirement would lead to a backlog of cases and a significant increase in the slowness of the Brazilian justice system.
Financial impact and questions
Despite the arguments presented by the judges, interlocutors of the Finance Minister, Fernando Haddad, pointed out that the narrative of a negative impact on public coffers is fallacious.
According to them, future costs with retirements and new competitions would be offset by the savings generated by limiting payments above the ceiling.
Transparency report data Brazil reinforce the magnitude of the problem. In 2023, benefits and bonuses paid above the constitutional ceiling cost the public coffers R$4,4 billion.
According to the survey, almost 70% of the 13,2 thousand Brazilian judges and appellate judges received between R$100 thousand and R$499 thousand above the ceiling.
These values contrast with the reality of the majority of Brazilian workers and raise debates about justice and equity.
The future of super salaries
Congress' decision to relax the rules for super salaries reveals the strength of the lobby of organized categories, especially when threats of strikes or retirements are put on the table.
For many analysts, This flexibility compromises fiscal adjustment objectives and reinforces inequalities in the public sector.
Keeping payments above the ceiling also raises questions about the credibility of the justice system.
How can we trust a Judiciary that defends its own interests to the detriment of balancing public accounts?
Do you believe that maintaining super salaries is justifiable in the face of threats of mass retirement? Or should fiscal adjustment be the absolute priority? Comment below!
Who's going to kill this trash Morais?
This attitude alone condemns them.
Fiscal adjustment is undoubtedly a priority. The government should open a public tender for new people, with salaries in line with the Brazilian reality AND WITHOUT PERKS, and the old people should be eliminated.
Brazilian judges do not live on planet Earth. They are gods above human laws and, as such, have the right to EVERYTHING. And to think that it is in the hands of these beings that Brazilian justice is…
Let them retire with their nominal salaries without the frills... I guarantee they will back down. I am outraged. In this Brazil of immense inequalities, where the vast majority of our brothers work hard and earn little, we have privileged classes, assisted by a political class that is also privileged. One does not take from the other!!!!
E um absurdo um trabalhadores que trabalham 40hs semanais ganham salario mínimo enquanto juizes so trabalham para manter seu interesse e ganha super salários