In the midst of the pandemic, the Pernambuco Court of Justice should promote a 46.23% increase in food stamps for magistrates, with retroactive effects to 2019. The benefit increased from R$1,068.00 to R$1,561.80.
The Brazilian Bar Association in Pernambuco issued a Public Notice criticizing the increase, considering it “unjustifiable and inopportune”, due to the fact that the magistrates have been working at home office for over a year. According to the entity, the adjustment was authorized by the CNJ (National Council of Justice).
The National Justice Department informed the Blog that it was consulted by the TJ-PE in 2019, and that it “always acts based on the guidelines established by the CNJ Plenary”.
But it clarifies that “the authorization is valid only for future payments, without determining immediate or retroactive payment”.
According to the internal affairs department, the decision on when to start the payment is up to the court manager [leia a íntegra dos esclarecimentos no final do post].
The OAB-PE informs that it will seek ways to stop the readjustment, despite having been authorized by the CNJ’s internal affairs minister, Maria Thereza de Assis Moura.
For the entity, there is no “concrete reason for the increase of an indemnity amount that must be used for food outside the residence”.
The Blog awaits clarifications requested from the TJ-PE.
Here is the full manifestation of the OAB-PE:
OAB Pernambuco received with surprise the news that, in the midst of the pandemic, the food stamps received by Pernambuco magistrates will have an increase of 46.23%, from R$1,068.00 to R$1,561.80 monthly, with effects retroactive to 2019.
Despite being authorized by the Ministry of Justice of the National Council of Justice, said adjustment made by the Court of Justice of Pernambuco (TJPE) is unjustifiable and inappropriate, given that the magistrates have been working remotely for more than a year, they do not there being a concrete reason for the increase of an indemnity amount that must be used for food outside the residence.
On the other hand, the existence of funds for the payment (immediate, by the way) of the readjusted aid, while the digitalization of physical processes does not materialize or threatens to close districts in the name of saving resources, demonstrates a mismatch in priorities .
OAB Pernambuco, as a representative of civil society, will remain attentive and will monitor the case, seeking ways to halt the implementation of the adjustment.
Recife, June 8, 2021.
Here are the clarifications from the CNJ:
Regarding the questioning, the National Court of Justice clarifies that it was consulted by the TJ-PE, in 2019, about the possibility of starting to pay the food allowance, provided for in Resolution CNJ n. 133 of 2011, with monetary correction.
In this type of consultation, the National Justice Department always acts based on the guidelines established by the CNJ Plenary.
In previous consultations with other courts, the CNJ Plenary agreed with the possibility of recomposing the aid, even on occasions whose final value was higher than that intended by the TJ-PE. In this context, the Internal Affairs Unit did not oppose the correction of the aid amount, which was restricted to the recomposition of the official inflation for the period.
Finally, it is clarified that the authorization is valid only for future payments, without determining immediate or retroactive payment, and that the decision on the opportune and convenient time to start the payment is up to the manager of the Court.