DE decided, based on an internal procedure, to change the understanding it had been adopting until then and facilitate the granting of benefits to its employees, which contradicts and .
The body’s new understanding allows its employees to use eventual service time outside the São Paulo state civil service — in the Union, municipalities or other states — in counting to obtain five-year periods, bonus licenses and sixth part.
The change was adopted in , Luciana Jordão da Motta Armiliato de Carvalho, published on August 14, and has already resulted in the granting of penduricalhos to servers.
According to the agency, the measure generated an extra monthly cost of R$120,000 for people working in different areas of the Public Defender’s Office, such as journalists, social workers, psychologists and public defenders.
The benefits achieved by the act aim to grant salary increases and leave after a certain period of work.
The five-year period, also called additional for length of service, gives a 5% adjustment for every five years of effective service. The sixth part raises the paycheck by 1/6 after 20 years. The premium license grants 90 days of paid rest every five years, of which 30 days can be converted into cash payments.
The , which provides for the Statute of Civil Public Servants of the State, establishes in its article 76, sole paragraph, that the time of service “provided to the Union, other states and municipalities, and its authorities” will be counted only for the purposes of retirement and availability. In other words, it does not cover hanging items.
In fact, in the government of São Paulo, no member of the civil service can use any time spent working in bodies outside the state executive to obtain the aforementioned benefits, except for retirement.
There is only one exception, according to the Secretariat of Management and Digital Government, the period of public service provided in other bodies until December 20, 1984 (provided for by Complementary Law No. 437/85).
According to the Constitution, public defender offices are autonomous institutions and their objective is to provide legal guidance and free defense to those who cannot afford lawyers.
Through its assistance, the Public Defender’s Office stated, in a first response, that the August act took place “in an internal process aimed at verifying the maintenance of the assumptions that supported the then-current understanding” following decisions by the STF (Supreme Federal Court) , in addition to other judicial precedents and the Court of Auditors.
According to the Ombudsman’s Office, the Servant Statute is of subsidiary application to the body, which is governed by , although this law does not have a provision that allows the incorporation of periods of work in other public bodies in the count towards obtaining benefits.
“According to the understanding established by the Federal Supreme Court, the issuance of general rules for the organization of the Public Defender’s Offices of the States is the exclusive responsibility of the Union, which led to the declaration of unconstitutionality of several provisions contained in state rules of several States of the Federation”, said the body.
The Ombudsman’s Office also cited around 30 decisions and processes from the STF and audit courts that would deal with the issue.
“In view of the apparent conflict between the specific rule of the Public Defender’s Office and the general rule of the 1968 Statute, after the aforementioned precedents and the carrying out of internal studies, with responsibility and commitment, the Public Defender’s Office began to adopt the specific rule with the aim of recognize and correct a historical inequality between civil servants”, said the body.
See the benefits covered by the Defender’s Office
Five years – Also called Additional for Length of Service, it consists of a 5% adjustment to the employee’s salary every five years of effective employment, whether continuous or not.
sixth part: adjustment of 1/6 in the employee’s salary upon completing 20 years of effective service.
Premium license: 90 days of paid rest granted every five years of effective employment, as long as the employee does not face an administrative penalty or exceed a certain number of absences. One third of this benefit (30 days) can be converted into cash.
