Brazil Supreme Court grants overtime pay to Santa Catarina prison officers

The Brazilian Supreme Federal Court (STF) has unanimously ruled that prison officers in Santa Catarina are entitled to overtime pay when they work beyond their scheduled shifts and cannot be granted compensatory time off within the legally established timeframe.

The decision addresses provisions in Santa Catarina's Complementary Law 774/2021, which previously prevented additional payments for extraordinary service by absorbing such gratifications into the officers' single-installment subsidy model. Under state law, officers typically work 24-hour shifts followed by 72 hours of rest, with a three-month window to provide compensatory time off for extra shifts.

Relator Minister Edson Fachin and the court plenary determined that the subsidy regime does not preclude remuneration for extra work when compensation through rest is not possible. The court noted that staffing shortages can hinder the granting of time off, and emphasized that the Constitution protects the right to remuneration for extraordinary services.