Post by anik4200 on Feb 18, 2024 6:49:19 GMT -5
The Federal Supreme Court endorsed an injunction issued by the president of the court, minister Rosa Weber, who had suspended the reinstatement of around 140 people approved in a public examination in the municipality of Maués (AM) and exonerated as a result of the annulment of the contest. SCO/STF For Rosa Weber, the appointment of civil servants violated SCO/STF principles and rules The unanimous decision was taken in a virtual session, in the examination of the injunction suspension (SL) presented by the municipality against the decision of the local Court of Justice (TJ-AM). Irregularities Between 1998 and 1999, the municipality promoted a public competition to fill various positions, and successful candidates were appointed. However, after investigating several reports of irregularities, the event was canceled and the employees were dismissed.
The irregularities were confirmed by the state Court of Auditors, which concluded that the objective of the competition was to privilege employees illegally linked to the city hall. The notice did not require education or written tests for several positions, just an interview and practical test. Reintegration After several legal actions and decisions since then, the TJ-AM Presidency, in February this year, determined the reinstate Special Phone Number Data ment of approximately 140 employees within 48 hours. In case of non-compliance, the decision provided for several sanctions, such as intervention in the municipality; removal of the mayor; fine and asset blockade; opening of administrative improbity proceedings; decree of arrest; and blocking the municipality from receiving federal and state funds and programs. In the request for suspension of the injunction, the municipality argued, among other points, that immediate compliance with the reinstatement order would have a budgetary impact of R$3.9 million per year.
Serious risk At the beginning of March, Minister Rosa Weber had granted a precautionary measure, and her decision has now been confirmed by the Plenary. In her reasoning, she considered the plausibility of the municipality's argument that the appointment of civil servants violated the principles of legality, morality and impersonality, the public competition rule and the constitutional budgetary system. Furthermore, according to the minister, the TJ-AM's determination creates a situation of serious risk to order and municipal public administration, and measures such as the arrest of the mayor and secretary in civil proceedings are manifestly unconstitutional. Also according to the president, blocking transfers from the Union interferes with municipal autonomy, the conduct of public policies and the continuity of municipal services, especially in the areas of health, education, basic sanitation and meeting the most basic needs of the population.
The irregularities were confirmed by the state Court of Auditors, which concluded that the objective of the competition was to privilege employees illegally linked to the city hall. The notice did not require education or written tests for several positions, just an interview and practical test. Reintegration After several legal actions and decisions since then, the TJ-AM Presidency, in February this year, determined the reinstate Special Phone Number Data ment of approximately 140 employees within 48 hours. In case of non-compliance, the decision provided for several sanctions, such as intervention in the municipality; removal of the mayor; fine and asset blockade; opening of administrative improbity proceedings; decree of arrest; and blocking the municipality from receiving federal and state funds and programs. In the request for suspension of the injunction, the municipality argued, among other points, that immediate compliance with the reinstatement order would have a budgetary impact of R$3.9 million per year.
Serious risk At the beginning of March, Minister Rosa Weber had granted a precautionary measure, and her decision has now been confirmed by the Plenary. In her reasoning, she considered the plausibility of the municipality's argument that the appointment of civil servants violated the principles of legality, morality and impersonality, the public competition rule and the constitutional budgetary system. Furthermore, according to the minister, the TJ-AM's determination creates a situation of serious risk to order and municipal public administration, and measures such as the arrest of the mayor and secretary in civil proceedings are manifestly unconstitutional. Also according to the president, blocking transfers from the Union interferes with municipal autonomy, the conduct of public policies and the continuity of municipal services, especially in the areas of health, education, basic sanitation and meeting the most basic needs of the population.