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Supreme Court orders payment of housing allowance to federal judges.

Brazilian Supreme Court Justice Luiz Fux today (16) ordered the payment of housing allowance to all federal judges, including those who own homes in the city where they work. The decision was made on the same day that the Association of Federal Judges of Brazil (Ajufe) held public demonstrations throughout the country in protest against the Executive's decision to cut resources from the Judiciary's budget for 2015 and the presidential veto of the bonus for cumulative exercise of duties by members of the Federal Public Prosecutor's Office.

Brazilian Supreme Court Justice Luiz Fux today (16) ordered the payment of housing allowance to all federal judges, including those who own homes in the city where they work. The decision was made on the same day that the Association of Federal Judges of Brazil (Ajufe) held public events throughout the country in protest against the Executive's decision to cut resources from the Judiciary's budget for 2015 and the presidential veto of the bonus for cumulative exercise of duties by members of the Federal Public Prosecutor's Office (Photo: Leonardo Araújo)

Brasilia 247 - Brazilian Supreme Court Justice Luiz Fux today (16) ordered the payment of housing allowance to all federal judges, including those who own their own home in the city where they work. The decision was made on the same day that the Association of Federal Judges of Brazil (Ajufe) held public events throughout the country in protest against the Executive's decision to cut resources from the Judiciary's budget for 2015 and the presidential veto of the bonus for cumulative exercise of duties by members of the Federal Public Prosecutor's Office.

In granting the preliminary injunction for housing assistance, Fux ordered that the regional federal courts be notified to begin payments. Since the amount has not been regulated by the National Council of Justice (CNJ), the benefit should be in accordance with the amount paid at the Supreme Court, approximately R$ 4.

The payment of this benefit is guaranteed by the Organic Law of the Judiciary (Complementary Law 35/1979). According to Article 65, in addition to salaries, judges may receive benefits such as housing allowances in cities where there is no official residence available.

In filing the lawsuit with the Supreme Court, some judges and Ajufe (Association of Federal Judges of Brazil) argued that housing allowance is paid to state judges and judges of higher courts, but is not granted to federal judges, who are required to cover rental expenses.

In his decision, Justice Luiz Fux ruled that the allowance should be paid to all judges, as it is provided for by law. "The right to the compensation sought is already guaranteed by law, and it does not seem fair that only a portion of the judiciary receives it, considering the national character of the judiciary," he said.

Demonstrations in favor of independence between the branches of government.
In Brasília, the demonstration organized by Ajufe against the Executive's proposed budget cuts for the Judiciary in 2015 and in opposition to the presidential veto of Article 17 of Bill 2.201/11, which establishes a bonus for the cumulative exercise of duties by members of the Federal Public Prosecutor's Office, took place during the 195th Ordinary Session of the National Council of Justice (CNJ). Ajufe's president, Antônio César Bocheneck, argued that the main complaint concerns the principle of the independence of the branches of government. "The judges understand that the unilateral budget cut is inconsistent with the independence that should exist between the branches of government. Immediately, the Judiciary is hampered in its ability to execute what is planned for the future," Bocheneck emphasized.