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STF Orders Seven Courts to Account for 'Penduricalhos' and Threatens Removals

The court has moved to enforce its pay limits after payroll data and press reports showed large extra payments that a recent CNJ rule made eligible for retroactive ATS awards.

Overview

  • The enforcement orders give presidents of seven state Tribunais de Justiça 48 hours to send individualized payrolls and payment proofs for April–July 2026 under threat of immediate removal and criminal, civil or disciplinary referral.
  • The measures follow the Supreme Court's March 25, 2026 ruling that capped indemnity-style extras at 35% of the constitutional ceiling and allowed, in certain combinations with ATS time‑of‑service bonuses, total pay up to about R$78.8 thousand.
  • Media and official payroll analyses showed widespread overshoots: a Folha survey identified 616 magistrates paid above the ceiling in May with single-month totals up to R$495,000 and MPMG data showed about 1,100 prosecutors received extra payments above STF limits.
  • Corregedor Mauro Campbell issued Provimento nº 234 on June 26, 2026 to set rules for retroactive ATS (quinquênio) calculations, basing backpayments on the salary ceiling in each month and creating large and varying fiscal liabilities for courts.
  • The dispute now tests institutional lines: tribunals invoke the CNJ/CNMP resolution and the new Provimento to justify payments, the STF insists on uniform constitutional limits and the PGR and CNJ corregedoria are monitoring possible legal and budgetary fallout.