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STF reaffirms jurisprudence to prohibit triple accumulation of wages

STF reaffirms jurisprudence to prohibit triple accumulation of wages


The Brazilian Federal Supreme Court (STF) reaffirmed the dominant jurisprudence that the triple accumulation of salaries and benefits is unconstitutional even if entry into public office occurred before Constitutional Amendment 20/1998. The subject was appraised in the Extraordinary Appeal (ARE) 848993, a report of the Minister Gilmar Mendes, which had general repercussions recognized and was decided on the merit in a vote in the Virtual Plenary.

In this case , the case records, a teacher filed a writ of mandamus to guarantee the accumulation of retirement benefits in the position of teacher with two remunerations, also referring to positions of teacher of the state and municipal, in which the admission, through a public tender , Occurred before the publication of EC 20/1998. The Court of Justice of Minas Gerais (TJ-MG) considered possible the accumulation and granted the request. The State of Minas Gerais appealed to the Federal Supreme Court (STF), maintaining that the constitutional rule authorizes the accumulation of two positions of professor or one of professor and a technical or scientific, but does not allow the triple accumulation of salaries or wages.

Manifestation

In proposing recognition of the general repercussion of the matter, Minister Gilmar Mendes emphasized that the discussion on the threefold accumulation of positions or public revenues, based on EC 20/1998, is of undeniable legal and economic importance, because The thesis to be establishesed is directed to the public functionaries of all entities of the Federation. It also observed that the conflict is not limited to the legal interests of the applicants.

On the merit, the Minister noted that EC 20/1998, admits the possibility of accumulation of a retirement benefit with the remuneration of a position in the active, in which it was entered before the publication of said amendment, although, according to the rule General, the positions are unaccountable. But he considered that the jurisprudence of the Supreme Court, in several precedents, is that this permission must be interpreted restrictively, prohibiting, in any case, the triple accumulation of remunerations regardless of whether earnings or salaries.

In the present case, the Court heard and approved the extraordinary appeal to amend the judgment of the TJ-MG and to prohibit triple accumulation. Thus, the teacher must choose between the receipt of the retirement benefit and a maturity of the asset or the perception of the two maturities of the asset, in this case, the proceeds of inactivity. Once the general repercussion has been recognized, the same solution should be adopted in similar cases that occur in other instances.

The statement of the rapporteur for recognition of the general repercussion was followed unanimously in the Virtual Plenary. The merit was decided directly in the same system, as it is a reaffirmation of consolidated jurisprudence in the Supreme Court. The understanding, on this point, was signed by a majority, overcoming Minister Marco Aurélio.
 


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