Administrative Law Retirement and Pensions Pension and military police excluded the corporation

" Administrative Law
Retirement and Pensions
Pension and military police excluded the corporation
The 2nd Panel dismissed the extraordinary appeal decision that granted
safety dependent police officer of the corporation excluded in final judgment .
In case, the contested decision drifted the alleged unconstitutionality of art. 117 Supplementary Law 53/90 , the State of Mato Grosso do Sul The article mentioned guarantee , to dependents of military police excluded or dismissed the corporation , with ten years of service , pension proportional to the time of contribution made ​​to the security location. It was stressed that , although the ADI 1542/MS ( DJe of 20/03/2013 ) , in which it challenged the constitutionality of that rule - has been judged impaired , supervening before the repeal of that provision , this did not reach situations consolidated point legal terms . He asserted that the Constitution , in its article . 42 , § 1 , to establish competing state law specifically provide for the materials of art. 142 , § 3 , X ( "X - the law shall provide for admission in the military , age limits , stability and other conditions of a military to inactivity , the rights, duties, remuneration , prerogatives and other special situations the military , considering the peculiarities of its activities , including those carried by virtue of international agreements and war " ) . It was emphasized , though , that would be up to the member states , by special law regulating pension rights of members of their military police, according to art. 42 , § 2 , ​​of the Constitution ( " § 2 For pensioners of the military of the States, the Federal District and Territories apply the law that is set in their specific state entity " ) . It was concluded that there would be a locupletamento illegal by the state , were to take ownership of that benefit. "
RE 610290/MS , rel . Min Ricardo Lewandowski , 6/25/2013 . ( RE - 610290 )