Post by account_disabled on Mar 7, 2024 2:34:45 GMT -6
The Allegation of Non-compliance with a Fundamental Precept cannot have its scope expanded to overturn a final and unappealable decision. With this argument, Minister Ricardo Lewandowski, of the Federal Supreme Court, was not aware of the action proposed by the governor of Paraíba against the decision of the Court of Justice that ordered Suplan (Superintendence of Works of the State Development Plan) to implement a Jobs and Salaries for its employees, based on the minimum wage.
At ADPF, the governor of Paraíba, Ricardo Coutinho (PSB), stated that the TJ-PB usurped the competence of the Executive branch, violating the principle of separation of powers provided for in article of the Federal Constitution, in addition to disrespecting the constitutional command that prohibits the link of the minimum wage for any purpose, as provided in article , IV.
Furthermore, the governor argued that, by using the minimum BTC Number Data wage as an index, causing civil servants' remuneration to be linked to indexes and administrative acts of a federal nature, the TJ-PB's decision contravened the federative principle, provided for in article of the Federal Constitution.
In his decision, Minister Lewandowski highlighted that the arguments "do not deserve acceptance", as with them the governor intends to overturn a judicial decision that has already become final and unappealable. The minister stressed that the function of the ADPF, in accordance with article , sole paragraph, of Law ,/, is to avoid or repair damage to a fundamental precept, resulting from an act of the Public Power. He added that this type of action is an instrument of abstract control of the constitutionality of norms that cannot be used to resolve concrete cases, nor to bypass ordinary appeals or other procedural measures to confront acts considered illegal or abusive.
"In this way, its scope cannot be expanded, especially to overturn a judicial decision already covered by the mantle of res judicata", he concluded by considering the request for an injunction to be consequently prejudiced. With information from the STF Press Office.
At ADPF, the governor of Paraíba, Ricardo Coutinho (PSB), stated that the TJ-PB usurped the competence of the Executive branch, violating the principle of separation of powers provided for in article of the Federal Constitution, in addition to disrespecting the constitutional command that prohibits the link of the minimum wage for any purpose, as provided in article , IV.
Furthermore, the governor argued that, by using the minimum BTC Number Data wage as an index, causing civil servants' remuneration to be linked to indexes and administrative acts of a federal nature, the TJ-PB's decision contravened the federative principle, provided for in article of the Federal Constitution.
In his decision, Minister Lewandowski highlighted that the arguments "do not deserve acceptance", as with them the governor intends to overturn a judicial decision that has already become final and unappealable. The minister stressed that the function of the ADPF, in accordance with article , sole paragraph, of Law ,/, is to avoid or repair damage to a fundamental precept, resulting from an act of the Public Power. He added that this type of action is an instrument of abstract control of the constitutionality of norms that cannot be used to resolve concrete cases, nor to bypass ordinary appeals or other procedural measures to confront acts considered illegal or abusive.
"In this way, its scope cannot be expanded, especially to overturn a judicial decision already covered by the mantle of res judicata", he concluded by considering the request for an injunction to be consequently prejudiced. With information from the STF Press Office.