Overview
- The virtual plenary shifted to a 5‑4 majority favoring a wider release after votes through June 29 saw ministers Luiz Fux, André Mendonça, Dias Toffoli and Kassio Nunes Marques break with the relator bloc and leave only Cármen Lúcia’s vote pending.
- One bloc led by Fux argues that indemnity-style payments promised before the March 2026 ruling should be paid in full as acquired rights, while the relator group (Alexandre de Moraes, Cristiano Zanin, Flávio Dino and Gilmar Mendes) seeks a 35% cap and a March‑2026 cutoff for retroactive claims.
- The court mandated the Corregedoria Nacional de Justiça to complete a 30‑day audit of suspended retroactive liabilities and ordered that no frozen payments be released until the CNJ and CNMP validate amounts and the STF referendums the criteria.
- The emerging rules would allow cash conversion of accrued vacations, licenças‑prêmio and judicial plantões only under strict conditions, end fixed monthly health allowances in favor of reimbursement, limit sold plantão days to 30 per year, and permit certain career‑time bonuses under clear safeguards.
- The outcome will affect public budgets and judicial pay practices and could be decided before the judiciary’s July recess, so watch for the CNJ/CNMP audit results and Cármen Lúcia’s final vote to learn who bears the fiscal burden and how benefit rules will be enforced.