Brezilya Yüksek Mahkemesi Yargıçlara Ek Ödeme Sınırını Esnetiyor

Three prominent members of the Brezilya Yüksek Federal Mahkemesi (STF) have launched a new move to allow flexibility in the retroactive payment of supplementary payments that significantly increase the salaries of judges and prosecutors. Ministers such as Luiz Fux, André Mendonça, and Dias Toffoli are demanding the partial removal of the restrictions introduced by the court's previous decision. The supplementary payments in question are widely referred to as 'penduricalhos' in Brezilya and allow members of the judiciary to go well above the constitutional ceiling. This new initiative by the ministers has sparked a widespread debate across the country, particularly regarding the financial obligations of the high judiciary and the use of public resources. This divergent view presented by the court spokespersons once again brings to the agenda the delicate balance between judicial independence and public finance.

In earlier reports prepared by ministers such as Flávio Dino, Cristiano Zanin, Gilmar Mendes, and Alexandre de Moraes, a rule was introduced stating that these supplementary payments should not exceed otuz beş percent of the constitutional salary ceiling. However, the new view led by Fux argues that 'compensation' payments committed before the Yüksek Mahkeme's historic decision should be paid in full without being subject to any percentage limitations. The decision taken in Mart 2026, which allowed supplementary payments of up to yetmiş percent but divided them into specific categories and limits, had created great dissatisfaction in judicial circles. According to the decision in question, otuz beş percent of the payments were considered compensation, and the other otuz beş percent were considered a 'bonus' given for professional seniority. Now, the persistent demands for the removal of this restriction clearly reveal that a deep disagreement is taking place within the court.

The compromise decision draft prepared by the court spokespersons has brought back to the agenda some flexibilities such as the conversion of accumulated annual leave, special leaves, and on-call days into cash. Accordingly, judges and prosecutors may have the right to receive cash payments for these periods if their leave has been canceled due to 'absolute public interest'. In addition, the system that provides a beş percent salary increase based on professional seniority every beş years has also been accepted to be reactivated. However, fixed monthly health benefits are now prohibited, and it has been decided that these payments will only be made in return for invoices and subject to proof. The conversion of judges' emergency on-call duties into cash has also been limited to otuz days per year and strictly regulated to be valid only in situations where they are actually called in.

The divergent view proposed by Minister Fux and supported by Mendonça and Toffoli aims to go far beyond these restrictions. These three ministers believe that the Ulusal Yargı Konseyi (CNJ) and the Ulusal Savcılar Konseyi (CNMP) should have the authority to determine which types of supplementary payments are valid and considered an official fee. This situation brings about significant institutional delegations of authority, leaving the process of auditing supplementary payment items directly to the initiative of these professional bodies. Critics express serious concerns that such a step could effectively invalidate the financial discipline decisions previously taken by the court and create a huge burden on the public budget. Supporters, on the other hand, argue that the payments that the judiciary members believe they have deserved for years and were promised before the court process should be returned without being confiscated.

This recent development has reignited debates in Brezilya regarding the financial privileges and transparency of the judiciary. The promise to audit payments prior to Şubat 2026 and increase compliance with the legislation will be followed by a detailed report to be prepared by the Ulusal Yargı Denetleme Kurulu within thirty days. It is a matter of great curiosity how the Yüksek Mahkeme will have the final say and how the other hesitant members will position themselves regarding this new flexibility proposal. How this decision will lead to an increase in the salaries of judges and prosecutors and how it will affect the perception of fairness among other public employees are closely monitored by the public. As a result, these internal dynamics within Brezilya's highest judicial body are opening the doors to a process that will have extremely decisive consequences for the country's legal and financial future.