MASSIVE VIOLATION OF CONSTITUTION SAID MINISTER FLÁVIO DINO FROM STF BRAZILIAN SUPREME COURT
Systemic insecurity,' says Court regarding Dino's decision that affected perks.
The document, signed by Judge Loureiro and São Paulo Court of Justice lawyer Solange Sugano, calls for the immediate annulment of Minister Dino's decision.
Estadão Content
Source Infomoney
11/02/2026 18:04 • Updated 1 day ago
The president of the Court of Justice of São Paulo, Judge Francisco Eduardo Loureiro, questioned this Wednesday, the 11th, the legality of the decision by the Supreme Court Justice, Flávio Dino, who gave the Three Branches of Government 60 days to review the perks that inflate paychecks and fuel the super-salaries of civil servants.
The court's presidency stated that "the appeal does not question the Supreme Federal Court's concern with the regulation of remuneration policy, but rather the form and procedural means chosen to decide on the matter."
The dissenting position of the São Paulo Court arose within the context of an internal appeal – a recourse available against single-judge decisions – in which the judge argues that "the generalized suspension of compensation payments could generate federal asymmetry, irreparably compromise the administration of justice, produce irreversible financial effects, and create systemic legal uncertainty."
The document, signed by Judge Loureiro and São Paulo Court of Justice lawyer Solange Sugano, calls for the immediate annulment of Minister Dino's decision.
Last Thursday, the 5th, the Supreme Court Justice pointed to the existence in the country of what he calls the 'Empire of Perks'. “By this path, the end of the Empire of Perks will certainly be more effective and faster, with effective remuneration justice, so necessary for the appreciation of public servants and for the efficiency and dignity of public service,” stated Dino.
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The minister heavily criticized the million-dollar paychecks that are widespread among public sector employees. He described this situation as a "massive violation" of the Constitution.
According to the São Paulo court, the appeal "does not question the significant importance of controlling the salary cap, but seeks to ensure consistency between judicial action and normative temporality."
In December, the net remuneration of judges of the Court of Justice of São Paulo reached an average of R$ 148,971.88. A survey by Estadão showed that 99.85% of the magistrates received above the constitutional ceiling, currently set at R$ 46,000 gross, which is equivalent to approximately R$ 35,000 net paid to ministers of the Supreme Federal Court. In total, the payroll of the magistrates of the Court of Justice of São Paulo reached half a billion reais (R$ 546,318,579.97) in gross values, in December alone.
Loureiro received a net salary of R$ 185,000 in the last month of the year. In November, his paycheck showed a net salary of R$ 124,000.
Wage policy'
Last Friday, the 6th, shortly before taking office as president of the São Paulo Court of Justice, when questioned about the 'salary cap violation', Loureiro declared: “The salary of the São Paulo Court, not only the São Paulo Court, but of all the courts in the country, all of them, the salary respects the constitutional ceiling. What is paid is an indemnification allowance related to indemnities that should have been paid at the appropriate time and were not. And they are paid in installments because there is no money in the budget to pay in full. And these allowances, these are what exceed the ceiling.”
Before questioning Dino's decision on Wednesday, the judge stated that he received "the news regarding the salary policy issue—that's the correct word—with complete tranquility."
I received it calmly, because in reality nothing changes for the São Paulo judiciary. Let's remember the following: all salary policies, and that's the correct word, for the judiciary are national, not local, not specific to São Paulo or any other state. And we always pay only what is authorized either by federal law, by a decision of the Supreme Federal Court itself, or by a resolution of the National Council of Justice,” argued the new president of the Court of Justice.
"Therefore, a decision stating that we must pay what is in accordance with the law and with decisions of the Supreme Court itself, does not cause us any surprise or any kind of change," Loureiro assured at the time.
Loureiro stated last Friday that he has 'no farm, no ranch, and no chickens'. The statement by the judge, who assumed command of the largest state court in the country, comes after the statement by the Minister of the Supreme Federal Court, Dias Toffoli, who assured last Tuesday, the 4th, that 'several magistrates are farmers and owners of companies' and, therefore, have the right to 'receive their dividends' without contestation from public opinion.
Neither a farm, nor a ranch, nor chickens. I don’t have any,” Loureiro stated. “There is a law that regulates what activities a judge can have. In addition to the judiciary, we can teach at a university level. Beyond that, we cannot have business activities,” the judge continued, when questioned about his opinion on Toffoli’s statement.
'Its adjustment is awaited'
The appeal filed by the São Paulo Court of Justice states that, if Dino's decision is not overturned, the Court will await "its adjustment."
."That a deadline of no less than eighteen months be established for the National Congress to remedy the legislative delay, and that the effectiveness of the minimum defined normativity – in short, the provisional regulation that subjects the legitimacy of the compensation installments to the existence of ordinary law – be conditioned on the persistence of the state of delay, after the expiration of the deadline granted for the promulgation of the pending legislative act," requests the judge.
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