If Eduardo Bolsonaro (PL-SP) is not from the PF (Federal Police), he must face a , in accordance with the law that governs public service in the institution.
Eduardo passed a public examination for clerk in 2010, before beginning his political life. He worked at the PF until 2014, when he was elected federal deputy for São Paulo for the first time.
Until the end of last year, he had a license to work as a federal deputy, but his mandate was revoked on December 18th.
The PF published an act in the Official Gazette this Friday (2) ordering him to return to activities at the delegation in Angra dos Reis (RJ).
The text states that “unjustified absence may lead to the adoption of appropriate administrative and disciplinary measures.”
According to the legal regime for federal public servants, if they do not appear for 30 consecutive days, (or 60, interspersed in a period of 12 months) a process of abandonment of position will be initiated which, according to Araceli Rodrigues, lawyer at Cassel Ruzzarin, is swift.
It states that the disciplinary process for abandoning a position follows a summary procedure, which is more abbreviated than a common disciplinary process: “After 30 days of consecutive absences, the administration initiates the PAD (Disciplinary Administrative Process) and notifies the employee, granting time to present a defense. After the defense, the responsible Commission issues a report and the case is forwarded to the competent authority for judgment.”
According to the expert, Eduardo Bolsonaro’s main legal challenge will be to demonstrate the absence of deliberate intention to leave office.
To be dismissed from public service, it is not enough to simply record absences; It is necessary for the administration to prove the server’s desire not to return.
“When the civil servant can prove that he had no intention of abandoning his position, that he did not return due to some exceptional situation, he can be acquitted”, says the lawyer.
According to her, it may be that the defense strategy uses the thesis of political persecution, claiming that her stay abroad does not constitute a lack of interest in a career as a clerk, but a circumstantial impossibility, since this has been Eduardo Bolsonaro’s speech.
The lawyer also notes that the politician’s legal removal ended on December 19, with the loss of the mandate that justified the leave. “After the loss of mandate, absences can be considered unjustified”, he states.
The law determines that only the president can make decisions about dismissing a PF employee, but a 2022 decree delegates this responsibility to the minister (in this case, Justice, currently Ricardo Lewandowski).
