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Brazil's Supreme Court Pauses Legal-Aid Case After Gilmar Backs R$5,000 Threshold

The pause preserves the relator's view that the 2017 rule stands with self-declaration valid within its income cap.

Overview

  • Gilmar Mendes voted to tie presumptive free legal aid to the new R$5,000 income-tax exemption.
  • His proposal would cover the entire judiciary and require documentary proof for those earning above that level.
  • The threshold would track future IR updates or be corrected by inflation (IPCA) until Congress legislates a rule.
  • Minister Cristiano Zanin requested a view, pausing the case for up to 90 days.
  • Relator Edson Fachin had earlier favored keeping the 2017 labor-reform limit—40% of the INSS ceiling (about R$3,262.96)—with self-declaration accepted within that cap; the case was filed by Fin.