Action demands the immediate suspension of the judges' housing allowance approved by the NYC

In a collective mandate, a lawyer entered the presidency of the Federal Supreme Court (STF) with a preliminary injunction demanding the immediate suspension of the decisions of the National Council of Justice (NYC) and the National Council of the Public Prosecutor's Office. ) authorize the payment of housing badistance to judges, prosecutors and prosecutors. On Tuesday 18, the NYC determined that the benefit would result in an increase of R $ 4,377.73 in the pay check, with a readjustment of the year, as expected by Estadão / Broadcast on Monday, 17. [19659002] Minister Dias Toffoli at the 51st Extraordinary Session – Luiz Silveira / Agência CNJ ” clbad=”img-responsive”/>

Resolution Limits Extension of Compensation to persons who work outside the region of origin and do not have their own home in the new place or official residence.

According to the opinion According to the preliminary investigation of the NYC, with the new rules, about 1% of the members of the judiciary will be entitled to housing badistance among active members, which corresponds to about 180 judges.

Prosecutor Carlos Klo The mfahs badert that the resolutions of the CNJ and the CNMP are "tainted by formal unconstitutionality, for non-submission to the interinstitutional decision between STF, the Chamber of Deputies and the Presidency of the Republic, and material for breach of the principle of proportionality, reasonableness, good faith, popular sovereignty and the democratic rule of law. "

The CNJ and the CNMP imposed certain restrictions on the payment of the housing allowance. In the city where the beneficiary works, there can be no functional property. In addition, the spouse can not occupy or get help. The magistrate can not be or have had during the last 12 months a real estate owner in the region where he will work. The performance must be outside the current region.

"However, such approval of the aid is contrary to the spirit and form of the institutional arrangements concluded between the Presidency of the Republic, the Chamber of Deputies and the Federal Court, which took place committed to cancel the "Carlos Klomfahs, lawyer who often argues in favor of the courts against the benefits and privileges granted to the public sector.

"The judiciary must be overseen by society to the extent that society is the true concessionaire of state power, and when the action of executive or legislative power over the judiciary fails or is incomplete, it is incumbent on the Public Prosecutor's Office and the Public Prosecutor's Office to direct the monitoring exercised by the society of "judicial matters of citizens" such as popular actions, individual or collective security orders, or the petition exercise in their evaluation, the decision of the CNJ and the CNMP "ignores the spirit of what the federal executive, the legislature and the executive power, namely the economy and the rationality in the 39 "Use of Public Money"

. "

" Just like the society that finances these billions of reais a year spent on the public service, the workers, with their taxes, their sweat and their ng, in the daily work, so if and only if their opinion is taken into account, the interest of the public power with the interest of society is convulsed. "

The Komfah highlights a recent press report on an Internet petition with more than 2 million signatures, so that President Michel Temer can readjust the readjustment for the ministers of the Supreme Court." demonstrations of popular disapproval of the non-acceptance of the readjustment and its cascading effects, in the current bloc, some "intelligent minds" have succeeded in undermining good faith between the public power and Brazilian society and in deceiving the l & # 39; public opinion, the society that

When requesting an injunction, the lawyer states: "The danger of delay and the smoke of the law are present, once the problem is solved." of public money, and the resolutions were adopted in an open manner, without the reflections and considerations inherent in the grandiloquence of the economic consequences and the serious social is. "

Klomfahs asks the Attorney General's Office to appear before the Attorney General and the Attorney General's Office to protest." And in merit of the confirmation of the preliminary injunction for the final suspension of the resolutions of the NYC and of the CNMP. "

(Fausto Macedo and Julia Affonso, São Paulo)