STF Forms Majority to Allow Limited Retroactive Payments for Penduricalhos

Overview

• The Supreme Court, which formed a working majority on Saturday, June 27, voted to permit limited retroactive cash payments for vacations, licenças‑prêmio and certain plantões acquired before the March thesis while ordering immediate adoption of a time‑of‑service bonus called PVTAC.
• Ministers backing the change set strict caps: indemnities must respect a 35% limit on verbas indenizatórias and the overall framework from March that allows up to two 35% blocks (antiguidade and indemnities) in specific cases.
• The Court required the National Council of Justice (CNJ) to produce a 30‑day audited list of eligible payments before any retroactive disbursements can resume and kept the virtual plenary open for additional votes through June 30.
• There is a recorded internal split on limits, with Minister Luiz Fux dissenting on the 35% cap and civil‑society groups warning the adjustments preserve privileges while state bodies such as TCE‑SP have already moved to adopt similar additions.
• Practical effect depends on administration: payments will restart only after CNJ audit and a plenary referendo, leaving short deadlines before the judiciary recess and renewing calls for a federal law to set uniform rules nationwide.