Post by anik4700 on Feb 28, 2024 3:46:26 GMT -5
José Higidio March 4, 2023, 4:21 pm AdministrativeConstitutionalLawsPension The transformation of non-gazetted civil servants into statutory employees is unconstitutional, except for those who have exceptional stability as they have been in office for at least five continuous years on the date of promulgation of the Constitution. Furthermore, only civil servants with permanent positions are admitted to the Social Security Regime (RPPS). Dorivan Marinho/SCO/STF Minister Luís Roberto Barroso, rapporteur of the case at the STF Dorivan Marinho/SCO/STF With this understanding, the Plenary of the Federal Supreme Court decided, this Friday (3/3), to exclude from the RPPS of Piauí public servants admitted without a public examination and civil servants with exceptional stability; and declare the unconstitutionality of a local rule that included civil servants admitted without a public examination into the statutory regime. The unanimous decision does not apply to retirees and those who met the retirement requirements until the date of publication of the trial minutes.
Such servers remain under the regime specific to Piauí servers. History The action was filed in 2019 by the then governor of Piauí, Wellington Dias (PT), who is currently minister of Development and Social Assistance, Family and Fight Against Hunger. He questioned provisions of a state law that included civil servants admitted without a public examination in the statutory regime; included in the RPPS employees tran Luxembourg Phone Number sferred from the labor regime to the statutory regime; and determined the termination of public administration contributions to the General Social Security Regime (RGPS) and the Service Time Guarantee Fund (FGTS) upon termination of CLT contracts. According to Dias, the rule violated the constitutional rule of public competition, the right to Social Security and the exclusivity of the RPPS for civil servants with permanent public positions. Rationale The vote of the rapporteur, minister Luís Roberto Barroso, prevailed.
He highlighted that the transposition to the statutory regime must be restricted to civil servants admitted through a public examination or with exceptional stability due to exercising the function for at least five years before the Constitution. Conversion automatically terminates the employment contract and creates a new legal relationship. Consequently, contributions to the Social Security system and the FGTS end. As transposition is prohibited for civil servants without a public examination and without exceptional stability, CLT contracts remain in force in these cases. Therefore, this provision of the law was validated. However, article 40 of the Constitution admits only civil servants approved in a public examination and appointed to a permanent position to the RPPS. According to the jurisprudence of the STF, the positions of civil servants without a competition and civil servants with exceptional stability are not effective. When modulating the effects of the decision, Barroso recalled that the rules were in force in Piauí for more than 30 years.
Such servers remain under the regime specific to Piauí servers. History The action was filed in 2019 by the then governor of Piauí, Wellington Dias (PT), who is currently minister of Development and Social Assistance, Family and Fight Against Hunger. He questioned provisions of a state law that included civil servants admitted without a public examination in the statutory regime; included in the RPPS employees tran Luxembourg Phone Number sferred from the labor regime to the statutory regime; and determined the termination of public administration contributions to the General Social Security Regime (RGPS) and the Service Time Guarantee Fund (FGTS) upon termination of CLT contracts. According to Dias, the rule violated the constitutional rule of public competition, the right to Social Security and the exclusivity of the RPPS for civil servants with permanent public positions. Rationale The vote of the rapporteur, minister Luís Roberto Barroso, prevailed.
He highlighted that the transposition to the statutory regime must be restricted to civil servants admitted through a public examination or with exceptional stability due to exercising the function for at least five years before the Constitution. Conversion automatically terminates the employment contract and creates a new legal relationship. Consequently, contributions to the Social Security system and the FGTS end. As transposition is prohibited for civil servants without a public examination and without exceptional stability, CLT contracts remain in force in these cases. Therefore, this provision of the law was validated. However, article 40 of the Constitution admits only civil servants approved in a public examination and appointed to a permanent position to the RPPS. According to the jurisprudence of the STF, the positions of civil servants without a competition and civil servants with exceptional stability are not effective. When modulating the effects of the decision, Barroso recalled that the rules were in force in Piauí for more than 30 years.