STF prohibits public servants from earning less than one minimum wage, even with reduced hours

The STF (Supreme Court of Justice) ruled that it is prohibited for a public servant to receive less than a minimum wage (R$ 1,212 in 2022), even if he has a reduced working day. The decision, taken in a virtual session concluded last Friday (5), has general repercussions, that is, it must be followed by lower levels of Justice.

The appeal analyzed by the Supreme Court was presented by four civil servants from the municipality of Seberi, in Rio Grande do Sul, who work 20 hours a week. They filed a lawsuit asking for the difference between the remuneration they earn and the minimum wage.

At first instance, the request was dismissed, on the grounds that they received a little more than half the minimum wage and, when they took the public examination, they already knew the workload and what the remuneration would be. The TJ-RS (Court of Justice of Rio Grande do Sul) maintained the denial and they then appealed to the Supreme Court.

In the STF, the understanding of the rapporteur, Minister Dias Toffoli, prevailed that the Federal Constitution guarantees the fundamental right to a minimum wage, capable of meeting the basic needs of workers and their families.

Toffoli pointed out that, in this case, the civil servants are public servants, which prevents them from accumulating positions, jobs and paid public functions.

In the minister’s assessment, when establishing a reduced working day for a certain function, the public administration must assume the burden and cannot impose on the public servant or employee the burden of living with less than what the public power itself considers the minimum necessary for a life. worthy.

Toffoli pointed out, however, that this understanding applies only to statutory public servants with reduced hours, and does not apply to temporary hires or contracts originating from bonds allowed by labor reforms, even due to the different nature of the bond with the public administration.

The rapporteur’s vote was accompanied by Justices Luiz Fux (President of the STF), Gilmar Mendes, Ricardo Lewandowski, Edson Fachin and Alexandre de Moraes and Justices Cármen Lúcia and Rosa Weber. They voted against the ministers Luís Roberto Barroso, André Mendonça and Nunes Marques.

When opening a disagreement, Barroso stated that, when the server works less than eight hours a day and 44 hours a week, the remuneration should be proportional to the time worked. Thus, there would be equality with servers with similar remuneration who work full-time and workers in the private sector.

The Court returned the case to the TJ-RS for the continuation of the trial, in order to decide on other issues contained in the case.