The National Council of Justice (CNJ), the body that administers and supervises the judiciary, reiterated that magistrates removed from their duties in disciplinary proceedings are not entitled to bonuses and additional aid to benefits.
Compensation funds, such as assistance with transportation, food, housing and health, and occasional benefits, such as compensation for delayed leave and bonuses for extraordinary services, are counted outside the salary cap.
For the majority of councilors these funds have a “temporary and extraordinary nature” and are linked to the exercise of their function. According to this logic, anyone who is away from work is not entitled to benefits, the CNJ decided on Tuesday 8th, in ordinary session.
“The fact is: the magistrate is absent from his duties. On what basis will I pay him a bonus for the accumulation of duties? On what basis will I pay him the food allowance if he does not go to work and therefore eats all day? On what basis will I admit to selling holidays?” asked councilor Luiz Fernando Bandeira de Mello.
The appeals of the removed judges from the Regional Labor Court of the 1st Region (TRT-1), in São Paulo, and from the Regional Labor Court of the 24th Region (TRT-24), in Mato Grosso do Sul, were analysed, which placed questioned the suspension of room and board assistance and requested payment of compensatory holidays, bonuses for the cumulative exercise of jurisdiction and monetary holiday bonuses.
Magistrates temporarily removed due to suspected irregularities in the exercise of their duties retain the right to the full compensation during the period of leave and also in the event of official retirement.
Source: Terra
Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.
