Participation in committee and nepotism

" Participation in committee and nepotism - 1
The Plenary partially upheld request for direct action to declare the
unconstitutionality of art. 4 ( " They are extinguished commissioned positions that do not meet the provisions of paragraph 4 of Article 20 and Article 32 , caput , of the Constitution of the State " ) , as well as the expressions " 4 and " and " even extinction positions in commission and removal " under art . 6 ( " The State Governor , the President of the Court of Justice and the Bureau of Legislative Assembly , within their respective powers , the Attorney General of Justice and the President of the Court of the State , within their respective institutions , issue the administrative acts declaratory care of the provisions of Articles 4 and 5 of this constitutional amendment , including extinguishing commission offices and removal " ), both of Constitutional Amendment 12/95 , the State of Rio Grande do Sul, which takes care of creating , discipline and termination of commissioned positions in the sphere of local powers . Conferred to the sole paragraph of art . 6th interpretation according to the Constitution to cover only those positions located within the Executive Branch . Furthermore , sat unconstitutional , by extension , art. 7, the , the said amendment. Finally , it was understood by the dismissal of the claim with respect to Articles 1 , 2 , 5 and 7 , b , of the same degree. Reported to the foundations expounded upon the judgment of injunction ( DJU , 17.3.2000 ) and emphasized that the matter of nepotism would be pacified by this Court Binding Precedent 13 .
ADI 1521/RS , rel . Min Ricardo Lewandowski , 6/19/2013 . (ADI-1521)
(Informative 711 , Plenum ) "

Commission offices and nepotism - 2
As for the art. 4th , asserted that the termination of public office , effective or commission could not be handled by a generic rule inserted in the state constitution . This theme presuppose specific law in this sense , to have how many and which positions would be extinct . It was stressed that the device would present formal unconstitutionality , or addiction initiative , because the Legislature would have determined the extinction of positions that would integrate the functional structure of other Powers , to invade private competence in these matters . Distinguished himself that the provisions of art . 4 of that contained in art . 5 - to establish termination of appointment , after its removal , the commission offices in situations provided so as to configure nepotism - since this would forgo law. The prohibition to occupy positions arise from the Constitution itself .
ADI 1521/RS , rel . Min Ricardo Lewandowski , 6/19/2013 . (ADI-1521)
(Informative 711 , Plenum ) "



" Participation in committee and nepotism - 3
Concerning the art. 6, reported that, by virtue of Art. 4, the unconstitutionality of the terms expungidos would be a mere consequence of that first addiction , because the extinction of the position could not occur by an administrative act . Regarding the sole paragraph of art . 6 ( " Governor of the State may delegate duties to perform the acts mentioned in this article " ) , explained that the delegation could only occur within the executive branch , because this transfer of power by the Governor , acts of exclusive competence of the Judiciary or the Legislature would set undue interference in other branches . Immediately thereafter , the art of caring . 7, consigned that , although the point had been altered by EC 14/97 of the federal entity , the revocation of the contested text not harm direct action . However, only reason would be kept intact if subsist art. 4, as would keep entire dependence rules with him . Regarding point b , there was reason to inexistence declare it unconstitutional , since it would have on the effectiveness of the device considered constitutional .
ADI 1521/RS , rel . Min Ricardo Lewandowski , 6/19/2013 . (ADI-1521)
(Informative 711 , Plenum ) "
Access: 09.09.2013