Court overturns housing allowance for retired judges in Sergipe.

247 - The Appeals Court of the State of Sergipe suspended the preliminary injunctions that had granted housing allowances to two retired judges. Judge Paulo Marcelo Silva Lêdo, through a single-judge decision, suspended the payment of the benefit to retired judge José Rivaldo Santos. Also through a single-judge decision, Judge Aldo de Albuquerque Mello suspended the effects of the preliminary injunction issued in favor of retired judge José Alves Neto.

In his decision, Judge Paulo Marcelo considered that both the housing allowance, a benefit contemplated in article 65, item II, of the Organic Law of the National Judiciary, Complementary Law No. 35, of March 14, 1979, and the food allowance, stipulated in the general state legislation applied subsidiarily, constitute a cost-of-living allowance of an eminently compensatory and not remunerative nature, and thus, are not permanently incorporated into the Judge's salary.

"The compensatory allowances are based on a specific situation of the employee that justifies their granting. Housing allowance is intended to compensate the Magistrate for expenses where there is no official housing; while food allowance is a cost-of-living allowance to subsidize the Judge's meal expenses. In this sense, these are payments due exclusively to active Magistrates who are in a justifiable factual situation, and it is not reasonable for a retired Magistrate, who is no longer in the situation described in the rule, to receive the allowance," added Judge Paulo Marcelo Silva Lêdo.

Judge Aldo de Albuquerque considered that only remunerative payments of a permanent nature constitute a permanent part of the legal patrimony of every magistrate, active or retired, and that these do not include the requested allowances. “Both housing allowance and food allowance constitute cost-of-living assistance of an eminently compensatory and not remunerative nature. These payments are due exclusively to active magistrates who are in a justifiable factual situation, and it is not reasonable for a retired magistrate to receive this benefit,” he stated.

As Sergipe 247 revealed earlier this week, three retired judges have filed lawsuits to receive a benefit of over R$4, which can only be paid to active judges (see previous article). here).