“Jeton” or Compensation for Participation in a Collective Deliberative Body

Abstract

The article analyzes the legal possibility of paying jeton or attendance compensation to the National Treasury Attorney acting before the National Financial System Appeals Council, with the aim of demonstrating that his mandatory participation in the collegiate body entitles him to receive such remuneration. It adopts a legal-interpretative methodology based on the systematic examination of the applicable legislation, especially Decree No. 91.152/1985, Law No. 5.708/1971, Decree No. 69.382/1971, the Organic Law of the Office of the Attorney General of the National Treasury, and the Council’s internal rules, in light of literal, systematic, and teleological interpretive criteria. It argues that the expression “member of the Council” cannot be understood restrictively, because the Attorney, although not a voting councilor, functionally integrates the body’s structure by mandatorily attending meetings, ensuring legality, providing legal advice, filing appeals, and defending the interests of the National Treasury. The article further shows that the validity and proper functioning of the collegiate body depend on this institutional role, which rules out an exclusionary interpretation and supports the equivalence, for purposes of attendance compensation, between councilors and the participating attorney. It concludes that the National Treasury Attorney acting before collective deliberative bodies, including the National Financial System Appeals Council, is entitled to receive jeton, by virtue of a legal interpretation consistent with functional unity, mandatory participation, and the purpose of the compensation established by law.