Judge Patrícia Persico Pires, from the 16th Public Finance Court, granted an injunction to suspend.
The decision was published on Friday (4), in response to an action filed by
The decree, published on the 28th, provides for the dismissal of educators with temporary employment contract that have more than 5% of unjustified absences in relation to the monthly workload. Effective teachers who work at the PEI (Integral Education Program) would lose the right to integrate the program the following year.
Among the more than 200 thousand teachers of the state network,
In its order, the judge determines that the Secretariat of (Seduc) report the teaching principals on the decision so that they do not apply sanctions until the final judgment of the popular action.
The magistrate understood that the Resolution contradicts laws such as the Statute of the Public Servant and Teaching, as well as a decree of the government itself, valid since 2009, which regulates the temporary hiring regime.
For her, the new decree risk damage to the rights of servers. “The consequences are irreversible, involving the extinction of employment contracts, the return of return in the current school period and the disqualification for specific educational programs,” he wrote.
“The suspension of the standard does not compromise the public interest, as there are already adequate legal instruments for the control of frequency and application of administrative sanctions,” said Patricia.
In expressing itself in the action, the Public Prosecution Service stated that the “resolution places thousands of teachers – temporary, in the general hypothesis, and also effective, in the case of the Integral Education Program – in a situation of irreversible damage”.
Deputy Luciene Cavalcante assessed that the court ruling recognizes “the illegality” of another resolution that Education Secretary Renato Feder does “without discussion, without respect for legislation”.
As a justification of the resolution, Tarcisio management says 14% of the total class burden was not taught due to the absence of teachers – this total, 34% of absences were not justified with certificate.
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