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The limit on the remuneration of public servants must be applied to each position held if accumulation is allowed

Thursday, April 27, 2017

By decision of the majority, the Plenary of the Brazilian Federal Supreme Court (STF) rejected two extraordinary appeals (REs 602043 and 612975). The justices understood that the constitutional salary cap should be applied in isolation for each public position accumulated, in the forms authorized by the Constitution. The subject discussed in the appeals had generally repercussion recognized.

Thesis of general repercussion

The Plenary approved the following thesis to the effect of general repercussions, suggested by the rapporteur of the article, Justice Marco Aurélio: "In the cases constitutionally authorized for the accumulation of positions, jobs and functions, the effect of article 37, item XI, of the Federal Constitution , presupposes consideration of each of the formalized function, apart from observance of the salary cap as to the sum of the gains of the public agent. "

Read more: Teto constitucional incide em cada cargo nos casos em que é permitida a acumulação, decide STF

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