AGU Requests R$ 533 Million Extra Credit for Judiciary and Prosecutors
Government seeks Supreme Court guidance on funding mandatory judicial salary benefits outside fiscal limits.
1Formal Request to Supreme Court
On November 6, 2026, the Advocacia Geral da União submitted a formal request to the Supreme Court regarding a R$ 533 million budget increase. This petition follows demands from the Procuradoria Geral da República and the Conselho Federal de Justiça, seeking funds to cover specific salary benefits for magistrates and prosecutors.
2Allocation of Requested Funds
The total requested amount of R$ 533 million is split between two primary branches of the justice system. The Poder Judiciário da União is seeking R$ 208.9 million, while the Ministério Público da União requires R$ 324 million. These funds are intended to cover mandatory payments that currently exceed existing budget allocations.
3The Quinquênio Benefit Mechanism
The financial impasse stems from a Supreme Court decision that reinstated the quinquênio benefit. This policy grants a 5% salary increase for every five years of service, capped at 35%. These payments are currently processed above the constitutional ceiling for public servants, which is set at R$ 43,366.19 per month for officials.
4Fiscal Framework and Constraints
If authorized, this expenditure would bypass the standard spending limits established by the current fiscal framework. The Ministry of Planning and Budget argues that the lack of resources alone does not meet the legal requirements of unpredictability and urgency necessary to justify the opening of an extraordinary credit for these specific payments.
5Government Stance on Procedure
The government maintains that a direct judicial order is required to proceed with this extraordinary credit. The AGU has asked the Supreme Court to clarify exactly how the previous ruling should be implemented given the current budget shortfall, effectively shifting the responsibility for the fiscal decision back to the high court itself.
6Urgency and Budget Deadlines
The Lei de Diretrizes Orçamentárias sets a deadline of November 29 for submitting certain budget credit projects to Congress. The government is seeking a definitive resolution before this date to ensure compliance with the court's earlier mandates while navigating the complex requirements for opening extraordinary credits within the federal budget system.
7Historical Context of Benefits
This situation follows a March 25, 2026, plenary decision by the Supreme Court. That ruling authorized the payment of various benefits to judges and prosecutors, allowing total compensation to reach up to 70% above the constitutional ceiling. These measures officially took effect in April 2026, creating the current ongoing budgetary pressure.
8Implications for Fiscal Policy
The outcome of this request will signal how the judiciary manages its own salary obligations against broader fiscal constraints. By requesting an express judicial order, the executive branch is attempting to ensure that any breach of the fiscal framework is legally shielded by a direct mandate from the Supreme Court, rather than administrative choice.
Original article: Poder360 — AGU Requests R$ 533 Million Extra Credit for Judiciary and Prosecutors