Benefit is extra remuneration paid to employees for completing a specific period of service; measure had been extinguished 17 years ago
O CSJT (Superior Council of Labor Justice) approved on January 11th the resumption of ATS (Additional for Time of Service). Suspended since 2006, the benefit grants an automatic 5% increase in magistrates' salaries every 5 years.
The vote was unanimous. The CSJT defined that the ATS would be reestablished for magistrates who work in the 1st and 2nd degree Labor Courts and who acquired this right until May 2006.
ATS is extra compensation paid to employees for completing a specific period of time at home. The measure had been extinguished 17 years ago. It was once again applied by monocratic decision of the magistrate's office. CNJ (National Council of Justice), Minister Luis Felipe Salomão, retroactively.
To the Power360the council stated that the resolution defined by the CNJ is in the same terms as what was decided by the CJF (Federal Justice Council).
The resolution in question covers magistrates who entered the career until 2006 and who had the impact of the ATS included in the Labor Court budget.
In addition to resuming the benefit, the rapporteur of the process, minister Delaíde Miranda, voted to extend the additional benefit to retirees and pensioners – who had also acquired the right to ATS until 2006. Miranda voted for the immediate reinstatement of the benefit in the payroll.
The CSJT responded to a request made by Anamatra (National Association of Labor Court Magistrates). The vote was held in an extraordinary session, after the Judiciary recess – which began on December 20, 2023 and lasted until January 6, 2024.
The council is headed by the president of the TST (Superior Labor Court), minister Lelio Bentes Corrêa. Other ministers of the Court and presidents of TRTs (Regional Labor Courts) are also part of the composition.
FENAJUFE CRITICIZES DECISION
A Fenajuf (National Federation of Workers of the Federal Judiciary and Public Ministry of the Union) criticized the council's decision.
According to the entity, the additional is not a right, but rather a “privilege”.
“In the CSJT session, to give you an idea, there were several expressive speeches about valuing the career of the judiciary, but they did not address the fact that civil servants lost the right to the ATS long before the magistrates. And again, they neglected the relevance of civil servants in providing services and the remarkable work they performed in the Judiciary, contributing in an essential way to the population”he stated.
TOFFOLI RELEASED BENEFIT TO FEDERAL JUDGES
In December 2023, Minister Dias Toffoli, of the STF (Supreme Federal Court), also resumed the ATS for the country's federal magistrates.
The minister overturned the decision of the TCU (Federal Audit Court) that suspended the payment of the benefit – the court had considered the retroactive payment of the additional call for time of service to be irregular.
Toffoli's decision responded to an action filed by the Help (Association of Federal Judges of Brazil). The measure will cost up to R$1 billion to the public coffers and the oldest federal judges will be able to receive up to R$2 million from the Union.
At the time, the entity's president, Nelson Alves, celebrated the decision. He said that the measure reestablished the “constitutional balance” of the Judiciary.
In addition to Ajufe, Amagis-DF (Association of Magistrates of the Federal District and Territories) also praised Toffoli. The association stated that the overturn of the TCU decision reaffirms the commitments of the STF (Supreme Federal Court) with the independence of the Judiciary.
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