Decision on appointment of relatives for positions in the executive will serve as the basis for similar cases
They are on the agenda of the plenary of the (Federal Supreme Court) on Wednesday (19.FEV.2025) the constitutionality of state law that allows hanging to employees of the Public Prosecution Service and the scope of nepotism for the exercise of political office.
Hanging
The 4th item of the supreme agenda is the analysis of the constitutionality of articles 6 and 13 2002, of the Holy Spirit. Was requested by the State Government, which claimed that the law violates the principle of isonomy by imposing the retroactive payment of bonus for the benefit of “A small group of individuals”. He also argued for “Absence of budget forecast”.
The benefit reaches the Attorney General, the Deputy Attorney General, the General Corregidor of the Public Prosecution Service, the Attorneys of Justice and the heads of the Attorney.
“The new bonus of function, resulting from the parliamentary amendment, and provided for in the contested art. 13 of the State Complementary Law No. 238, 2002, the principle of financial and administrative autonomy of the Public Prosecution Service ”said the government of ES.
In the virtual plenary, the rapporteur, Edson Fachin, said that the rule, when instituting remuneration advantage without an analysis of the LDO (Budgetary Guidelines Law), violates the Constitution. At the time, the rapporteur’s vote followed the ministers Gilmar Mendes and Rosa Weber.
Followed the divergence inaugurated by the president of the Court, Roberto Barroso, the ministers Nunes Marques, André Mendonça and Luiz Fux. Barroso voted to accept “Partially” the request, setting the following thesis:
“The subsidy regime does not rule out the perception of bonuses by the exercise of commission positions or functions of trust, provided that the constitutional remuneration ceiling is observed.”
The trial was suspended in June 2023 to be completed in a face -to -face session.
NEPOTISM
The 5th item begins the vote on the reach of nepotism for political positions. The Court should judge whether it is constitutional to appoint a relative until the 3rd degree, spouse or partner for functions in the 1st level of municipal, state or federal executive positions, such as those of municipal, state or minister of state.
The trial was suspended in April 2024, after reading the report and the holding of oral support by the MP-SP (Public Prosecutor of the State of São Paulo)-Author of the action. The MP filed the court against a municipal law of Tupã (SP) that allowed the appointment to the position of municipal secretary.
According to the municipality, the appointment of relatives for political positions was not embraced by that prohibits the practice of nepotism. Despite dealing with a municipal law, the case has general repercussion and, therefore, the decision of the board will serve as the basis for the analysis of similar cases in court.
