INCARCERATION ALLOWANCE FOR FEDERAL PUBLIC SERVANTS FOLLOWING CONSTITUTIONAL AMENDMENT NO. 103/2019

Abstract

This article analyzes the prison benefit intended for the dependents of federal public servants from the perspective of the transformations introduced by Constitutional Amendment No. 103/2019. It investigates the transmutation of the benefit's legal nature, which shifted from the social security realm to a statutory right, and the subsequent removal of the "low-income" limit barrier previously applied by the Federal Government. Through the analysis of Technical Note SEI No. 43508/2025/MGI and precedents from the STF and STJ, the study demonstrates that the protection of the permanent servant's family is not subject to remuneratory caps, provided that prior contributory regularity was maintained.