Post by SHIHAB on Jan 10, 2024 5:11:58 GMT
The parliamentary initiative law that imposes restrictions on appointments to commission positions does not constitute interference by the Legislative Branch in the Executive's sphere of attribution. Cactusvstudio/Freepik Cactusvstudio/Freepik Parliamentary initiative law that restricts appointment of commissioners is legal With this understanding, the Special Body of the Court of Justice of São Paulo deemed constitutional a law by Tanabi, a parliamentary initiative, which regulates appointments to commission positions and bonus functions in the Executive and Legislative branches, establishing restrictions in the municipality similar to those of the Law of the Clean Record.
The rule prevents the appointment to commissio : WhatsApp Number List n positions of people who have been convicted by the Electoral Court, in a final and unappealable decision or given by a collegial body, in a process of investigating abuse of economic or political power, from the decision until the expiry of the deadline. eight years old. When proposing the action, the City of Tanabi maintained that, by restricting the exercise of a constitutional prerogative of the holder of an elective mandate, that is, the appointment of commissioners, the law violated the independence and harmony between the powers.
But the rapporteur, judge Ademir Benedito, did not find any illegalities in the text. "The basis invoked by the mayor to support the thesis of formal unconstitutionality of the normative act now challenged, that is, 'the City Council could not establish a condition for the appointment of a position in a commission, to be held by whoever is the repository of the trust of the head of the Executive power and which is freely provided', 'clearly invading the competence of the Executive', does not prove suitable to, in itself, give rise to the intended recognition of the existence, in casu , of a defect of initiative.
The rule prevents the appointment to commissio : WhatsApp Number List n positions of people who have been convicted by the Electoral Court, in a final and unappealable decision or given by a collegial body, in a process of investigating abuse of economic or political power, from the decision until the expiry of the deadline. eight years old. When proposing the action, the City of Tanabi maintained that, by restricting the exercise of a constitutional prerogative of the holder of an elective mandate, that is, the appointment of commissioners, the law violated the independence and harmony between the powers.
But the rapporteur, judge Ademir Benedito, did not find any illegalities in the text. "The basis invoked by the mayor to support the thesis of formal unconstitutionality of the normative act now challenged, that is, 'the City Council could not establish a condition for the appointment of a position in a commission, to be held by whoever is the repository of the trust of the head of the Executive power and which is freely provided', 'clearly invading the competence of the Executive', does not prove suitable to, in itself, give rise to the intended recognition of the existence, in casu , of a defect of initiative.