The Chamber approves the PL against “super wages”. What are the next steps

Although approved unanimously in the Chamber of Deputies on the 13th, Bill 6726/16 (read at the end of the article), which provides for the “end” of “super salaries” in the public service, has yet to a long way to go until changes are visible in practice.

Indeed, the question has been treated passively since 2016, when it was addressed to the Legislature. In the House, his report had already been finalized for more than three years, even if it was never appreciated. After the recent deliberation in the House, and as it has undergone modifications, the text will be evaluated again by the senators.

In addition, there are interlocutors who see other possible developments and who indicate little chance that the proposal will prosper. A decision of this nature could conflict, for example, with a decision by the executive, which recently “authorized” salaries above the constitutional ceiling in the civil service through an ordinance.

According to the Federal Constitution, the remuneration of civil servants cannot exceed the monthly subsidy of the ministers of the Supreme Federal Court (STF), currently in the amount of R $ 39,293.32 ceiling ”when a civil servant receives cumulative remuneration. , earnings or a pension greater than this amount. Some “hangings”, however, do escape, such as housing assistance, overtime and the like. The purpose of the bill approved in the House is precisely to prevent the accumulation of “hangings”.

The Union wants to avoid judicialization

In a move contrary to respect for the Constitution, the ordinance published in April by the Ministry of the Economy allowed some civil servants to receive salaries exceeding the ceiling, even benefiting high-ranking members of the government, such as the President Jair Bolsonaro, MP Hamilton Mourão and some ministers, in addition to hundreds of military and civil servants.

In practice, the measure authorizes the separate application of the abate-keto on each remuneration of a civil servant cumulating two sources of income, and no longer on the sum of the two salaries. As a result, some servers start to receive over the limit.

The Ministry of the Economy has justified that it complies “only” with the general decisions of the Federal Court (TSF), rendered in 2017. In other words, the portfolio’s decision is based on two main specific situations analyzed by the Court:

The accumulation of two public medical posts, and Remuneration for the post of dentist in the SUS with retirement income (Lieutenant Colonel PM of the reserve).

The final decision allowed the reduction to be applied separately and not by cumulative deadlines. The main argument was that, since the Constitution allows the simultaneous exercise of positions, it could not prevent the remuneration of one of them.

Another argument insistently put forward by the Union, in an exchange of internal documents to which the report had access, was that allowing civil servants to receive these salaries above the ceiling would result in less judicialization and a lower burden on the government itself. . Since the Supreme Court handed down the rulings on the matter, several civil servants and retirees who accumulate sources of income have started to litigate in order to be able to receive the money.

What does the approved subject provide for?

The main objective of the PL, approved unanimously by the Chamber, is to stop the so-called “hangings”, in general the aids, subsidies, indemnities which end up not being taken into account in the “abatement”. ceiling ”, and which, once at the salary, exceed the limit.

The article lists the types of payment that are not subject to the cap, in addition to creating rules that stop “hangings”. “The aim is to prevent abuse, which unfortunately occurs in the country, and we do not know how far this goes, let alone what type of abuse is occurring in more than 5,000 municipalities,” said the rapporteur. of the proposal, Rubens. Bueno (Cidadania-PR), at Young Pan.

The measure applies to public officials at all levels of government – federal, state, district and municipal – and to all spheres of power – executive, legislative and judicial – including the prosecution, public defender, contractors temporary, employees and directors of companies that receive resources from governments to pay salaries and expenses, military and military police, retirees and retirees.

The ceiling should not be levied, according to the proposal, on the following payments: housing allowance, vacation allowance, food allowance, 13th salary, unhealthy work allowance, night allowance, childcare allowance, childcare allowance, transportation, reimbursement of the health plan, payment of vacations not taken, among others. But even so, for cases like these, a limit has been set for the receipt of amounts. The PL lists a total of 31 situations where the cap should not apply.

The approved material also prevents officials from invoking secrecy to deny the provision of information about down payments made outside the cap, when questioned by an agency or entity that needs the information to assess compliance with the cap. of remuneration.

In addition, it determines that payments made in foreign currencies to employees abroad, and which are not considered as indemnities, must be subject to the remuneration ceiling.

What could be the impact of the measure

A survey by the Public Leadership Center (CLP), based on data from PNAD Continua, points out that the share of the civil service that receives above the ceiling is only 0.23% of civil servants, with an average monthly income. additional of about R $ 8.5. thousand. There are few civil servants, around 25 thousand civil servants, says the research, who concentrate a gigantic income.

“Taking into account that the country has about 11 million civil servants (the total number is underestimated in the Continuous PNAD), this equates to about 25,000 civil servants whose incomes exceed the ceiling (0.23% x 11 million of officials) “, says the survey.

Brazil could save up to 2.6 billion reais per year simply by reducing salaries above the ceiling for civil servants in all three spheres (executive, legislative and judicial) and in all three levels of government (federal, state and municipal), according to the survey. .

The Center also created a calculator based on microdata from the annual social information report to let internet users know how long it would take to reach the only public sector salary cap.

For example, a private teacher, who receives R $ 4,257.44 per month, would take 7,883 years to reach the public sector salary cap. “You should have been born into the age of cavemen to have the chance to hit the public sector salary cap,” the calculator jokingly suggests.

Still according to the Center, 2.6 billion reais spent today on super salaries in the civil service is equivalent to “the construction of 16 vaccine factories at the Butantan Institute, at a cost of 160 million reais each, and capacity to produce 100 million doses of vaccine (including CoronaVac) per plant ”.

Read the full PL:

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