Comentário recebido de um leitor, no meu post sobre os salários dos nossos mandarins e marajás ("Deu no New York Times"), dentre os quais os pilantras da (in)Justiça do Trabalho estão entre os maiores do mundo, e os maiores fraudadores da justiça e da ética nacional.
Apenas países anormais exibem essa monstruosidade institucional.
Sempre fui pela extinção dessa aberração jurídica.
Paulo Roberto de Almeida
Anônimo deixou um novo comentário sobre a sua postagem "Marajás, mandarins, atenção: deu no New York Times...":
Dados do Relatório Analítico do TST de 2011 em:
http://www.tst.jus.br/documents/10157/54de5978-1794-4632-bf9a-fb494ea5f306
Valores pagos aos reclamantes fruto das ações trabalhistas 14.758.015.512,23 = R$ 14,7 bilhões
ARRECADAÇÃO DE CUSTAS, EMOLUMENTOS E TRIBUTOS R$ 3.341.265.123,06 sendo que os tributos (INSS e Imposto de Renda correspondem a 90% desse total) = 3,3 bilhões
Imagino que as custas, emolumentos e tributos sejam pagos pelos reclamantes ou seja valor líquido pago aos reclamantes é de 14,7 – 3,3 = R$ 11,4 bilhões. Certamente os reclamantes terão de pagar pelo menos 15% aos advogados ou seja receberão o valor líquido de R$ 9,7 bilhões
Por outro lado o custo da Justiça do Trabalho por habitante foi de R$ 61,80 ou seja R$11,7 bilhões para 190 milhões de habitantes.
Considerando a arrecadação de custas, emolumentos e tributos o custo da Justiça Trabalhista foi de 11,7-3,3 = R$ 8,4 bilhões.
Ou seja se o governo acabasse com a Justiça do Trabalho e o governo pagasse 85% do valor de todas as reclamações trabalhistas e os empregadores pagassem somente 15%, os reclamantes receberiam o valor devido sem custo adicional nenhum para o governo e os empregadores poderiam investir 85% do valor das reclamações em atividades produtivas. Os únicos que reclamariam seriam os funcionários da Justiça do Trabalho e os advogados.
Nas Varas, foram recebidos 2.110.718 casos novos
Nos TRTs, foram recebidos 569.270 casos novos,
No TST, foram recebidos 169.818 casos novos
Um País que tem mais de dois milhões de causas trabalhistas por ano certamente tem uma legislação trabalhista obsoleta.
Enquanto não houver uma reforma das leis do trabalho o Brasil nunca será um País com uma economia competitiva no cenário internacional.
E esses burocratas ainda querem aumento nos seus salários de marajás?
Mostrando postagens com marcador marajas. Mostrar todas as postagens
Mostrando postagens com marcador marajas. Mostrar todas as postagens
segunda-feira, 11 de fevereiro de 2013
Marajas, mandarins, atencao: deu no New York Times...
Uma vergonha agora estampada ao mundo.
Talvez provoque uma minicomocao nos meios oficiais nos proximos tres dias, ate a denuncia de um novo escandalo...
Paulo Roberto de Almeida
Brazil, Where a Judge Made $361,500 in a Month, Fumes Over Pay
By SIMON ROMERO
The New York Times, February 10, 2013
SÃO PAULO, Brazil — There are many ways of striking it rich in Brazil, but one strategy may come as a particular surprise in today’s economic climate: securing a government job.
While civil servants in Europe and the United States have had their pay slashed or jobs eliminated altogether, some public employees in Brazil are pulling down salaries and benefits that put their counterparts in developed countries to shame.
One clerk at a court in Brasília, the capital, earned $226,000 in a year — more than the chief justice of the nation’s Supreme Court. Likewise, São Paulo’s highway department paid one of its engineers $263,000 a year, more than the nation’s president.
Then there were the 168 public employees in São Paulo’s auditing court who received monthly salaries of at least $12,000, and sometimes as much as $25,000 — more than the mayor of the city, Brazil’s largest, was earning. Indeed, the mayor at the time joked that he planned to apply for a job in the parking garage of the City Council building when his term ended in December after the São Paulo legislature revealed that one parking valet earned $11,500 a month.
As Brazil’s once-booming economy stalls, these “super salaries,” as they have become known here, are feeding newfound resentment over inequality in the nation’s unwieldy bureaucracies. Powerful unions for certain classes of civil servants, strong legal protections for government workers, a swelling public sector that has created many new well-paying jobs, and generous benefits that can be exploited by insiders have all made Brazil’s public sector a coveted bastion of privilege.
But the spoils are not distributed equally. While thousands of public employees have exceeded constitutional limits on their pay, many more are scraping to get by. Across the country, schoolteachers and police officers generally earn little more than $1,000 a month, and sometimes less, exacerbating the country’s pressing security concerns and long-faltering education system.
“The salary distortions in our public bureaucracy have reached a point where they are an utter and absolute disgrace,” said Gil Castello Branco, director of Contas Abertas, a watchdog group that scrutinizes government budgets.
Privileged public employees, once called maharajahsin a nod to the opulence of India’s old nobility, have long existed in Brazil. But as Brazil nourishes ambitions of climbing into the ranks of developed nations, a new freedom of information law requires public institutions to reveal the wages of their employees, from rank-and-file civil servants like clerks to cabinet ministers.
Though some officials are resisting the new rules, new disclosures at public institutions have revealed case after case of public employees earning more than Supreme Court justices, who made about $13,360 a month in 2012, an amount established in the Constitution as the highest salary that public employees can receive. In the Senate and Chamber of Deputies alone, more than 1,500 employees earned more than the constitutional limit, according to Congresso em Foco, a watchdog group.
State judges can do even better. One in São Paulo recently pulled down $361,500 in a month. That is not a typo: some judges in Brazil are paid more in a single month than their counterparts in high-income countries earn in an entire year. (The top annual salaries for judges in New York State are climbing to around $198,600.)
The recent revelations, including of an auditor in Minas Gerais State who earned $81,000 in one month and a librarian who got $24,000 in another, have spurred a strong reaction in some quarters. Joaquim Barbosa, the chief justice of the Supreme Court, revoked the super-salaries of the 168 employees in São Paulo’s auditing court in December. Another fed-up federal judge issued an injunction in October suspending payments to 11 cabinet ministers, but the attorney general said he would seek to overturn the ruling.
Some historians blame Portugal, the former colonial ruler, for creating a powerful public bureaucracy in which mandarins wield great influence and earn outsize salaries. Brazil’s byzantine judicial system also provides ways for certain senior civil servants to circumvent constitutional pay limits. Some collect pensions from previous stints in government — often their full salary at the time of retirement — after shifting into another high-paying public job.
Then there are the extra allowances for housing and food, the generous reimbursement rates for distance driven on the job and, of course, the loopholes. One provision dating to 1955 enables some public employees to take a three-month leave every five years. But those who forgo the leave, now intended to encourage workers to take postgraduate courses, can seek to collect extra money instead.
Some high-ranking members of the governing Workers Party, including Finance Minister Guido Mantega, have been able to get around the constitutional limit by receiving an extra $8,000 a month for serving on the boards of state enterprises, and many legislators are entitled to annual bonuses of more than $26,000 so they can purchase attire like business suits.
Still, in the developing world, Brazil’s Civil Service is envied in some aspects for its professionalism. Rigorous exams for an array of coveted government jobs generally weed out unprepared applicants. Pockets of excellence, like some public research organizations, have won acclaim in areas like tropical agriculture.
But some taxpayers fume over the privileges in the public sector, whose ranks swelled by 30 percent in the past decade to encompass 9.4 million employees in a country of 194 million. Powerful unions stymie efforts to fire civil servants, making such jobs exceptionally stable and well protected.
While Brazil’s government comfortably finances itself through tax collection and issuing debt, services like education and sewage treatment remain woeful. Despite imposing high taxes, Brazil ranked last among 30 rich industrialized and developing countries in the quality of services citizens get for the taxes they pay, according to the nonprofit Brazilian Institute of Tax Planning.
Some lawmakers have come under personal scrutiny. Fernando Collor de Mello, a former president who once denounced the maharajahs and is now a senator, was recently found to be spending more than $30,000 a month of public money to employ a gardener and two archivists.
In Maranhão, one of Brazil’s poorest states, legislators have granted themselves the equivalent of 18 monthly salaries — each of about $10,000 — in a single year, justifying the move as a cost-of-living allowance.
The new freedom of information law, supported by President Dilma Rousseff, who earns about $174,000 a year, is intended to expose such practices. Not surprisingly, some entrenched government interests have dragged their feet in complying with the law.
When Congress finally decided in 2012 to allow people to obtain the salary information of its employees, it also required them to find the name of each employee and submit it online. In other words, if someone wanted the information on the legislature’s 25,000-strong work force, then that person had to independently identify them and submit 25,000 separate online requests.
If only it were that easy here in São Paulo. One clerk at the state’s high court, Ivete Sartório, was reportedly paid about $115,000 after convincing her superiors that she should be compensated for not taking leaves of absence. But when asked recently about her wages, a spokesman for the court, Rômulo Pordeus, said that Ms. Sartório’s “matriculation number” was needed to request the information.
When asked how any curious taxpayer could get that number, he replied that it was in Ms. Sartório’s possession, and that he did not want to bother her about it. “I’m not going to ask for her matriculation number, because it’s annoying, understand?” Mr. Pordeus said. “No one likes to say how much they earn.”
Lis Horta Moriconi and Taylor Barnes contributed reporting from Rio de Janeiro.
http://www.nytimes.com/2013/02/11/world/americas/brazil-seethes-over-public-officials-super-salaries.html?emc=tnt&tntemail0=y&_r=0&pagewanted=all
Talvez provoque uma minicomocao nos meios oficiais nos proximos tres dias, ate a denuncia de um novo escandalo...
Paulo Roberto de Almeida
Brazil, Where a Judge Made $361,500 in a Month, Fumes Over Pay
By SIMON ROMERO
The New York Times, February 10, 2013
SÃO PAULO, Brazil — There are many ways of striking it rich in Brazil, but one strategy may come as a particular surprise in today’s economic climate: securing a government job.
While civil servants in Europe and the United States have had their pay slashed or jobs eliminated altogether, some public employees in Brazil are pulling down salaries and benefits that put their counterparts in developed countries to shame.
One clerk at a court in Brasília, the capital, earned $226,000 in a year — more than the chief justice of the nation’s Supreme Court. Likewise, São Paulo’s highway department paid one of its engineers $263,000 a year, more than the nation’s president.
Then there were the 168 public employees in São Paulo’s auditing court who received monthly salaries of at least $12,000, and sometimes as much as $25,000 — more than the mayor of the city, Brazil’s largest, was earning. Indeed, the mayor at the time joked that he planned to apply for a job in the parking garage of the City Council building when his term ended in December after the São Paulo legislature revealed that one parking valet earned $11,500 a month.
As Brazil’s once-booming economy stalls, these “super salaries,” as they have become known here, are feeding newfound resentment over inequality in the nation’s unwieldy bureaucracies. Powerful unions for certain classes of civil servants, strong legal protections for government workers, a swelling public sector that has created many new well-paying jobs, and generous benefits that can be exploited by insiders have all made Brazil’s public sector a coveted bastion of privilege.
But the spoils are not distributed equally. While thousands of public employees have exceeded constitutional limits on their pay, many more are scraping to get by. Across the country, schoolteachers and police officers generally earn little more than $1,000 a month, and sometimes less, exacerbating the country’s pressing security concerns and long-faltering education system.
“The salary distortions in our public bureaucracy have reached a point where they are an utter and absolute disgrace,” said Gil Castello Branco, director of Contas Abertas, a watchdog group that scrutinizes government budgets.
Privileged public employees, once called maharajahsin a nod to the opulence of India’s old nobility, have long existed in Brazil. But as Brazil nourishes ambitions of climbing into the ranks of developed nations, a new freedom of information law requires public institutions to reveal the wages of their employees, from rank-and-file civil servants like clerks to cabinet ministers.
Though some officials are resisting the new rules, new disclosures at public institutions have revealed case after case of public employees earning more than Supreme Court justices, who made about $13,360 a month in 2012, an amount established in the Constitution as the highest salary that public employees can receive. In the Senate and Chamber of Deputies alone, more than 1,500 employees earned more than the constitutional limit, according to Congresso em Foco, a watchdog group.
State judges can do even better. One in São Paulo recently pulled down $361,500 in a month. That is not a typo: some judges in Brazil are paid more in a single month than their counterparts in high-income countries earn in an entire year. (The top annual salaries for judges in New York State are climbing to around $198,600.)
The recent revelations, including of an auditor in Minas Gerais State who earned $81,000 in one month and a librarian who got $24,000 in another, have spurred a strong reaction in some quarters. Joaquim Barbosa, the chief justice of the Supreme Court, revoked the super-salaries of the 168 employees in São Paulo’s auditing court in December. Another fed-up federal judge issued an injunction in October suspending payments to 11 cabinet ministers, but the attorney general said he would seek to overturn the ruling.
Some historians blame Portugal, the former colonial ruler, for creating a powerful public bureaucracy in which mandarins wield great influence and earn outsize salaries. Brazil’s byzantine judicial system also provides ways for certain senior civil servants to circumvent constitutional pay limits. Some collect pensions from previous stints in government — often their full salary at the time of retirement — after shifting into another high-paying public job.
Then there are the extra allowances for housing and food, the generous reimbursement rates for distance driven on the job and, of course, the loopholes. One provision dating to 1955 enables some public employees to take a three-month leave every five years. But those who forgo the leave, now intended to encourage workers to take postgraduate courses, can seek to collect extra money instead.
Some high-ranking members of the governing Workers Party, including Finance Minister Guido Mantega, have been able to get around the constitutional limit by receiving an extra $8,000 a month for serving on the boards of state enterprises, and many legislators are entitled to annual bonuses of more than $26,000 so they can purchase attire like business suits.
Still, in the developing world, Brazil’s Civil Service is envied in some aspects for its professionalism. Rigorous exams for an array of coveted government jobs generally weed out unprepared applicants. Pockets of excellence, like some public research organizations, have won acclaim in areas like tropical agriculture.
But some taxpayers fume over the privileges in the public sector, whose ranks swelled by 30 percent in the past decade to encompass 9.4 million employees in a country of 194 million. Powerful unions stymie efforts to fire civil servants, making such jobs exceptionally stable and well protected.
While Brazil’s government comfortably finances itself through tax collection and issuing debt, services like education and sewage treatment remain woeful. Despite imposing high taxes, Brazil ranked last among 30 rich industrialized and developing countries in the quality of services citizens get for the taxes they pay, according to the nonprofit Brazilian Institute of Tax Planning.
Some lawmakers have come under personal scrutiny. Fernando Collor de Mello, a former president who once denounced the maharajahs and is now a senator, was recently found to be spending more than $30,000 a month of public money to employ a gardener and two archivists.
In Maranhão, one of Brazil’s poorest states, legislators have granted themselves the equivalent of 18 monthly salaries — each of about $10,000 — in a single year, justifying the move as a cost-of-living allowance.
The new freedom of information law, supported by President Dilma Rousseff, who earns about $174,000 a year, is intended to expose such practices. Not surprisingly, some entrenched government interests have dragged their feet in complying with the law.
When Congress finally decided in 2012 to allow people to obtain the salary information of its employees, it also required them to find the name of each employee and submit it online. In other words, if someone wanted the information on the legislature’s 25,000-strong work force, then that person had to independently identify them and submit 25,000 separate online requests.
If only it were that easy here in São Paulo. One clerk at the state’s high court, Ivete Sartório, was reportedly paid about $115,000 after convincing her superiors that she should be compensated for not taking leaves of absence. But when asked recently about her wages, a spokesman for the court, Rômulo Pordeus, said that Ms. Sartório’s “matriculation number” was needed to request the information.
When asked how any curious taxpayer could get that number, he replied that it was in Ms. Sartório’s possession, and that he did not want to bother her about it. “I’m not going to ask for her matriculation number, because it’s annoying, understand?” Mr. Pordeus said. “No one likes to say how much they earn.”
Lis Horta Moriconi and Taylor Barnes contributed reporting from Rio de Janeiro.
http://www.nytimes.com/2013/02/11/world/americas/brazil-seethes-over-public-officials-super-salaries.html?emc=tnt&tntemail0=y&_r=0&pagewanted=all
sábado, 21 de julho de 2012
Nossos marajas clandestinos: Judiciario ganancioso
Percebe-se a oposição radical dos nossos marajás com a divulgação dos seus salários reais, não os nominais. Quase todos eles possuem penduricalhos que elevam seus ganhos muito acima do teto constitucional. Independentemente de quanto sejam os valores, existem DOIS FATOS a serem enfatizados:
(a) transparência sempre é bem-vinda;
(b) os nossos marajás ganham muito acima do que deveriam...
(a) transparência sempre é bem-vinda;
(b) os nossos marajás ganham muito acima do que deveriam...
Todos os ministros do STJ recebem acima do limite legal de R$ 26,7 mil
Mais de 100 servidores da corte também recebem acima do teto; holerites são turbinados por benefícios
Todos os ministros do STJ recebem acima do limite legal de R$ 26,7 mil
Superior Tribunal de Justiça divulga vencimentos dos 32 integrantes da corte e todos são superiores ao teto constitucional, assim como mais de 100 servidores da corte; holerites são turbinados por benefícios pessoais
Vannildo Mendes, de O Estado de S. Paulo, 20/07/2012
Os 32 ministros em exercício no Superior Tribunal de Justiça tiveram rendimentos no mês de junho superiores ao teto constitucional de R$ 26,7 mil, conforme a lista salarial divulgada pela corte no seu site na sexta-feira,20 , em cumprimento à Lei de Acesso à Informação.
Na média, o vencimento bruto dos ministros foi de R$ 37 mil, ou R$ 29,7 mil líquidos. O tribunal informou que essa soma inclui as vantagens pessoais e eventuais dos ministros, o que, segundo interpretação jurídica de boa parte dos magistrados, não contam para efeito de teto. Mais de cem servidores do STJ, sob o mesmo argumento de incorporação de bonificações, também ganharam acima do limite constitucional.
A discussão sobre a legalidade de ter rendimentos superiores ao que manda a Constituição – o teto é salário dos ministros do Supremo – ocorre desde que a limitação foi estabelecida, em 2005.
Muitos órgãos do setor público passaram a usar o limite, mas os servidores quase sempre conseguem derrubá-los individualmente por meio de liminares.
No Superior Tribunal de Justiça, em seis casos, o contracheque ficou acima de R$ 50 mil, entre os quais o da corregedora do Conselho Nacional de Justiça (CNJ), ministra Eliana Calmon, que recebeu R$ 62 mil brutos.
O campeão do mês foi o ministro Massami Uyeda, com R$ 64,5 mil. Em todos os casos, o valor alto se deveu à antecipação de férias, mais o abono de um terço a que todo trabalhador tem direito, segundo explicou o tribunal.
Os outros com salário gordo foram Napoleão Maia (R$ 58 mil), Teori Zavascki (R$ 58 mil), Antônio Ferreira (R$ 56 mil) e Ricardo Cueva (R$ 56 mil).
O STJ foi o terceiro tribunal superior a divulgar a lista nominal de salários de todos os servidores, seguindo o exemplo do Tribunal Superior do Trabalho e do Supremo Tribunal Federal.
O prazo do CNJ para a Justiça se adequar à lei terminou ontem. Mais de 80% dos tribunais não o cumpriram. Alguns pediram mais prazo, outros recorreram à lei para não divulgar nomes e a grande maioria alegou impossibilidade técnica para cumprir a norma.
No caso do STJ, os menores salários entre os ministros foram pagos a Félix Fischer – R$ 28,5 mil brutos e R$ 20,6 mil líquidos – e ao presidente da corte, Ari Pargendler, que ganhou R$ 30 mil brutos e R$ 21,9 mil líquidos.
Desde 2010, o STJ já divulgava todos os seus gastos em detalhe, inclusive os salariais, mas sem dar os nomes (portanto não era possível saber o salário dos ministros). A alteração foi feita ontem por causa da Lei de Acesso à Informação e à Resolução 151 do CNJ, que deu prazo até 20 de julho para o Judiciário disponibilizar dados completos na internet.
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