Post by shibly on Feb 12, 2024 7:45:31 GMT 2
Unanimously, the Plenary of the Federal Supreme Court invalidated laws in the municipality of Manaus that provide for the granting of a lifetime pension to the widows of a former councilor and a doctor from the City Council. The decision was made in a virtual session, in the trial of an action filed by the Attorney General of the Republic, Augusto Aras.
Jintana Pokrai Jintana Pokrai STF drops lifetime pensions with personal motivation in the Manaus Chamber In his vote to grant the request, the rapporteur, minister Edson Fachin, Egypt Email List stated that there are no legal reasons for granting the benefit, which demonstrates personal motivation, in disregard of the separation between public and private assets and the republican principles of morality, of impersonality and equality.
He also highlighted that, under the terms of article 40, paragraph 13, of the Constitution of the Republic, those occupying commission positions and political agents who exercise an elective mandate are subject to the General Social Security Regime (RGPS). The rapporteur also pointed out that, in the judgment of Extraordinary Appeal (RE) 638,307 (Theme 672 of general repercussion), the STF established the thesis that municipal law on lifetime allowance based on the exercise of councilor mandates, and the resulting pension in case of death, is incompatible with the Federal Constitution.
Jintana Pokrai Jintana Pokrai STF drops lifetime pensions with personal motivation in the Manaus Chamber In his vote to grant the request, the rapporteur, minister Edson Fachin, Egypt Email List stated that there are no legal reasons for granting the benefit, which demonstrates personal motivation, in disregard of the separation between public and private assets and the republican principles of morality, of impersonality and equality.
He also highlighted that, under the terms of article 40, paragraph 13, of the Constitution of the Republic, those occupying commission positions and political agents who exercise an elective mandate are subject to the General Social Security Regime (RGPS). The rapporteur also pointed out that, in the judgment of Extraordinary Appeal (RE) 638,307 (Theme 672 of general repercussion), the STF established the thesis that municipal law on lifetime allowance based on the exercise of councilor mandates, and the resulting pension in case of death, is incompatible with the Federal Constitution.