‎Brazil News

 

Minister applied the Court's understanding according to which funds of a food nature received in good faith will not be returned to the treasury.

 

Minister Nunes Marques , from the STF, granted security to a group of civil servants who were contesting the order to return amounts paid as VPNI - Nominally Identified Personal Advantage. Minister concluded that funds of a food nature received in good faith should not be returned to the public treasury.

 

 

Minister Nunes Marques decides that employees will not return food funds received in good faith. (Image: Carlos Moura/SCO/STF)

The controversy originated from a TCU ruling that required the return of payments made to the TRT chiefs of staff in the 1st region on the grounds that they were undue. The amounts would have been paid as a result of a 2012 Court resolution, but the supervisory body, when analyzing the accounts, would have verified improper payment.

 

The civil servants argue that the payments were made in compliance with final court decisions, in order to mitigate the difference in remuneration between civil servants occupying commissioned positions and those designated for commissioned functions, as decided at the administrative level. They also supported the food nature of the funds.

 

In his decision, Minister Nunes Marques reaffirmed the peaceful understanding in the Supreme Court that food parcels received in good faith by public servants are not subject to return. In the specific case, he understood that the petitioners received the installments in good faith, which were paid based on a final and unappealable judicial ruling.

 

He therefore granted security, confirming the injunction granted by Minister Celso de Mello in 2019, when rapporteur, and declared the internal appeal filed by the Union to be prejudiced.

 

Process : MS 34.308