The Public Prosecutor’s Office requested the immediate suspension of the payment of a “penduricalho” to members of the Attorney General’s Office (AGU) outside the salary cap for public servants.
In representation, the body requests that the funds be suspended until the Court of Auditors decides on the case.
The extra earnings are directed to members of AGU careers. It is a “supplementary health aid”, with compensation in nature, with a monthly value of R$3,000 (for active employees) to R$3,500 (for retirees).
The pendant was established by resolution of the Legal Fees Curator Council (CCHA), of October 7th. The creation of the benefit was reported by the newspaper Folha de S. Paulo. The report is based on the representation of the MP-TCU.
According to the representation, signed by deputy attorney general Lucas Rocha Furtado, the resolution “clearly seeks to circumvent” a rule defined by the Federal Supreme Court (STF) that validated the receipt of fees by members of the AGU, as long as they respect the salary ceiling .
The ceiling is currently set at R$44,008.52, the equivalent of the salary of a STF minister.
“Thus, I consider that the CCHA resolution clearly seeks to circumvent the rules established when approving the payment of death fees to members of the career, in order to include in the payment of civil servants benefiting from the resolution part of the resources arising from the fees, under the administration of the CCHA, which today cannot be received by employees who already have remuneration above the ceiling, outside the remuneration ceiling”, stated Lucas Furtado.
According to the deputy attorney general, the adoption of the penduricale by resolution goes beyond the CCHA’s responsibilities, in addition to violating the principle of administrative morality, “evidence the insatiable appetite for public resources demonstrated by members of the benefiting careers”.
“Salary increases for public servants who are already receiving, for the most part, the federal salary cap, as reported, constitute a true affront and aggression to the taxpayer, who is the one who pays the bill”, stated Furtado.
The resolution establishes the benefit for Union lawyers, Treasury attorneys, federal attorneys and Central Bank attorneys.
Compliance with law and private resources
In a note, the CCHA stated that the payment of the aid is in accordance with the legislation and the decision of the STF “which recognized the private remuneration nature of this amount”. The council also highlighted that the money comes from private resources.
“Currently, public lawyers receive, as health aid, the amount of R$161 from the Public Administration. The new amount, coming from exclusively private resources and without any burden on public coffers, represents a complement to what is already paid, a system similar to that followed by other State careers”.
CNN contacted AGU but did not receive a response. The space remains open.
In a joint note, the entities representing the Federal Public Advocacy praised the CCHA initiative.
“The taking of such a decision, democratically by the CCHA, follows the tradition observed within that collegiate, of always valuing transparency and respect for the decision of the majority of its components”, said the entities. “Furthermore, it values the efforts of career Members in defending the Brazilian State, offering more equitable conditions with other Essential Justice Functions, even though there is still a lot to progress in this regard.”
The note is signed by Anafe (National Association of Federal Public Lawyers), National Association of Members of the Careers of the Attorney General of the Union (Anajur), National Association of Federal Lawyers (Anauni), National Association of Attorneys and Federal Public Lawyers ( Anprev), Association of Federal Public Lawyers of Brazil (APAFERJ) and National Union of National Treasury Attorneys (SINPROFAZ).
CCHA
The CCHA is a private entity responsible for managing and distributing legal fees to members of public law careers.
According to legislation, the Council is linked to the Attorney General’s Office (AGU).
The entity is made up of two representatives (main and alternate) from each of the careers: Union lawyer, National Treasury attorney, federal attorney and attorney for the Central Bank of Brazil.
According to the TCU’s understanding, CCHA’s activities are subject to control by the Court of Auditors.
The resources allocated to the Council must be related to the payment of fees and the cost of expenses essential to its implementation, such as hiring a financial institution to manage, process and distribute the resources
