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BRASÍLIA – The National Council of Justice (
CNJ
) should approve this Tuesday, at the last session of the year, a proposal to recreate the
housing badistance
for magistrates. The advantage should be paid according to stricter criteria compared to the previous scenario, when all the judges received the additional money indiscriminately. The idea now is to authorize payment only to those who meet a series of cumulative requirements. There is no information on the number of magistrates who would enter the new parameters.
By the proposal that will be voted, we would be entitled to housing badistance transferred to a city in which it does not have available functional property. Nor can the judge possess property on the premises. The benefit can not be paid if the magistrate is married to those who already receive it. And most importantly, the judge will have to present a receipt of the rent that you pay every month. The housing allowance will be a refund of the expense.
On November 26, Minister Luiz Fux of the Federal Supreme Court (STF) revoked the payment of the benefit to the judiciary and the Public Prosecutor's Office, but decided that the NYC and the National Council of Public Prosecutors (CNMP) repay the help, with equal rules for both careers. The proposal to be voted tomorrow at the CNJ will be reproduced by the CNMP.
In the November decision, Fux left a way open for the return of the benefit. He banned the payment of penduricalho throughout the country arguing that there was no public resource to cover the expenses, the judiciary receiving a salary adjustment of 16.38% from 2019. But n & rsquo; Never stated the unconstitutionality of housing badistance.
The provision is provided for in the Organic Law of the National Judiciary (Loman), adopted in 1979 by the then president, Ernesto Geisel. This rule was not found to be unconstitutional and nothing prevents the payment of badistance. Loman establishes "financial badistance for housing in places where the magistrate does not have an official residence".
The violation created by Fux was only possible because the decision had been taken individually. In the STF, the ministers consider that, if the payment of the housing allowance was transferred to the FT plenary, the benefits would tend to be considered unconstitutional. In this case, it would not be possible for it to be resumed by the NYC, unless the National Congress approves another law providing for it. In the current political and economic scenario, this possibility would be practically nil.
The decision of Fux established that the housing allowance would no longer be paid to judges as soon as the readjustment came into effect, starting in January 2019. The new rule approved by the NYC must also be valid from January 2019. For judges who fulfill all the conditions set by the board to accumulate salary adjustments and housing allowance. The NYC may set a limit on the amount to be paid in compensation for rent. There is no information on the impact that the benefit will have on public coffers.
In the November decision, Fux stated that the payment of the benefit was prohibited without exception, including by the state judiciary. He also wrote that the leaders could react improperly if they did not respect the decision taken on the same day that President Michel Temer sanctioned the readjustment of the TSF ministers. The salary adjustment will be implemented starting in 2019 and will have repercussions on the salaries of judges throughout the country.
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