STF Orders Seven State Courts to Explain Pay That Exceeded Constitutional Ceiling

Overview

• On Monday the Supreme Federal Court gave seven state Courts of Justice 48 hours to detail payments above the salary cap equal to a Supreme Court minister and warned of possible removal of court presidents.
• Three courts—the tribunals of Rio de Janeiro, the Federal District and Maranhão—have formally replied and said their higher payments were lawful indemnities, retirement settlements, vacation conversions or were authorized under CNJ guidance.
• Four tribunals in Goiás, Paraná, Rio Grande do Norte and Rondônia had not sent responses by the evening reported and face the same documentation review by STF rapporteur ministers.
• Ministers Alexandre de Moraes, Flávio Dino, Cristiano Zanin and Gilmar Mendes will analyze the payroll sheets and rubrics sent by the courts to determine whether payments truly fit exceptions to the cap or violate the March STF thesis limiting abusive gratifications.
• If the STF finds explanations insufficient it could order sanctions that include suspension or removal of tribunal presidents and push for uniform rules through CNJ resolutions to prevent divergent payroll practices and future excess payments.