Supreme Court of Brazil investigates illegal payments to judges

The Justice Court of the State of Maranhão (TJMA) in Brazil became the first judicial body to submit initial explanations to the Supreme Federal Court (STF) of Brazil regarding suspicious payments made to judges. The issue involves allegations of opposing the Supreme Court's decision that restricted additional payments and benefits to judges. TJMA claimed that a payment exceeding 270 thousand Brazilian Reais made to a judge was an 'isolated incident' approved during the previous administration. It is stated that the court's current president, Ricardo Tadeu Bugarin Duailibe, has no responsibility in this matter. The process raises questions about how strict financial transparency audits are in the country's judicial system.

According to the information sent by TJMA to the Supreme Court, the high amount in question includes compensation and seniority payments paid during a judge's retirement. The court stated that it was decided to limit the amount to the constitutional ceiling limit until a final decision is awaited from the Supreme Court regarding the legality of this payment. Furthermore, the court admitted that there were 6 additional payments made above the parameters set by the STF. However, the court argued that all of these extra payments consisted of items such as holiday bonuses and 13th-month salaries, which are explicitly exempt from the constitutional ceiling. Authorities claim that in the event of any limit breach, the payment is immediately suspended.

The investigation and explanation processes have not proceeded entirely smoothly; as TJMA failed to upload the payrolls for the months of march, april, and may to the system. The court suggested that this deficiency was due to a 'technical limitation' caused by the digital file sizes exceeding the capacity of the STF's electronic systems. It has been reported that to resolve the file transfer issue, the payroll documents were sent directly to the corporate email addresses of the court members and the STF General Secretariat. This situation reveals the inadequacies in managing massive state data and the digital infrastructure in legal processes. It remains a matter of curiosity whether the relevant financial records will be transparently submitted to the Supreme Court.

Outside the Maranhão state court, the Justice Courts of the Federal District, Goiás, Paraná, Rio de Janeiro, Rio Grande do Norte, and Rondônia are also obligated to provide detailed explanations to the STF. The deadline granted to these courts will expire on thursday evening. This order, jointly issued by STF ministers such as Flávio Dino, Alexandre de Moraes, Cristiano Zanin, and Gilmar Mendes, is part of broad lawsuits concerning judge salaries. The process began after the newspaper 'Folha de S. Paulo' revealed that seven different courts bent the STF decision and paid judges salaries above the legal limits. Following the newspaper report, judicial independence and financial audits of judiciary members in their ivory towers have become a top agenda item in Brazil.

The additional payments in question are evaluated within the framework of worn-out and costly judicial privileges known as 'penduricalhos' in Brazil, following the decision banning additional salaries and premiums for judges. Last june, the STF ruled on the appeals regarding the matter and slightly expanded the list of allowed additional payments. However, the full restriction established by the initial decision in march was not lifted, and the rule stipulating that additional payments cannot exceed a maximum of 35% of the constitutional ceiling (a minister's salary plus a 35% time-conditioned additional payment) was maintained. On the other hand, some exceptional payments, such as health assistance, holiday bonuses, and election duty supplements, were allowed to be excluded from this 35% limit. These type of comprehensive decisions by the Supreme Court of Brazil are of critical importance for the country's financial discipline and the reputation of the judiciary in the public conscience.