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MAGISTRACY

 
 
Headquarters of the Federal Justice Council / Credit: Disclosure/CJF
The Collegiate of the Federal Justice Council (CJF) approved last Wednesday (8/11) a resolution that implements and regulates the remuneration for the accumulation of administrative and procedural functions for federal magistrates of the 1st and 2nd degrees.
 
As a result, magistrates exercising these functions are entitled to one day of compensatory leave for every three days of work, limited to ten days per month.
 
Resolution CJF 847/2023 follows the decision of the National Council of Justice (CNJ), through Resolution CNJ 528/2023, and extends to Federal Justice magistrates the right recognized to members of the Public Ministry by Resolution CNMP 256/2023.
 
 
Both the CJF and the MP rules establish that, if the days of leave are not taken, the magistrate or member of the MP may request it in the form of remuneration.
 
The payment will be included as compensation and is subject to the financial and budgetary availability of the entity. The beneficiary must formulate the request through a computerized system and within the deadline set by the administration, with payment up to the month following the request made.
 
According to article 3 of the resolution, the following are considered administrative functions that characterize accumulation:
 
I – the coordination of conciliation and special federal courts in the 2nd instance; II – the management of the judiciary school;
III – member of the court administration council;
IV – the direction of a judicial subsection or federal forum;
V – the coordination of conciliation and special courts in the judicial section and subsection;
VI – coordination of the Innovation Laboratory and the Local Intelligence Center.
 
The exercise of relevant functions is also considered for granting the license, which are:
 
I – President, Vice-President and Inspector of the Federal Regional Court;
II – Advisor to the National Council of Justice and the National Council of the Ministry
III – Secretary General of the Federal Justice Council;
IV – Assistant Judge of the General Inspectorate of the Federal Court;
V – Assistant Judge of the Presidency, Vice-Presidency and Internal Affairs of the Regional Court
VI – Director of the Judiciary Section Forum;
VII – Federal Penitentiary Judicial Inspector;
VIII – Instructing Magistrate or Assistant Judge in a Superior Court or Council;
IX – association leader, when the licenses provided for in art are granted. 73, III, of Complementary Law no. 35, of March 14, 1979, and in art. 1st, item III, of CNJ Resolution no. 133, of June 21, 2011.
 
The Association of Federal Judges of Brazil (Ajufe) reported that the Federal Justice Council (CJF) acted to comply with a constitutional precept recognized by the National Justice Council (CNJ). “For this reason, it granted federal magistrates, from October 23, 2023, something that had already been guaranteed to members of the Public Ministry since January 2023”, states the association.
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ALESSANDRO ALVES JACOB

Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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