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Acumulo Legal De Cargo Publico

Consequences of a bad accumulation of positions In the public administration, there are positions that have the technical name, but with more general and non-specialized attributions, as the etymology of the word itself says (technically assumes to be an expert or expert in a field). Who falls under the job accumulation rules? Accumulation of public functions for more than 60 hours a week The accumulation of public offices is an issue that still raises many doubts and even problems for civil servants. Even an inappropriate accumulation of public functions can lead to sanctions. We know that our federal constitution regulates exceptions where it is possible to accumulate jobs, but there is no limit to the weekly or monthly workload. In addition, you need to analyze whether exercising another position does not hinder the current position you occupy in terms of schedules, rest, intervals for meals and others. “1 – In a paradigmatic judgment of general effects (RE-RG 612.975/MT, Rel. Min. Marco Aurélio, heard on 27.04.2017, DJe 06.09.2017 – Subject No. 377), the Federal Court confirmed the argument that the constitutional salary ceiling must be taken into account for each of the positions for which the Federal Constitution authorizes accumulation, and not for the sum received. This is the thesis of the previous one: “In legal situations where the Federal Constitution allows the accumulation of jobs, the salary ceiling is considered in relation to the remuneration of each of them and not by the sum of what has been received.” 2 – In the case of a situation in which a constitutionally authorized hypothesis of the accumulation of public charges appears (Articles 37, XVI, “b” and § 10 of the Federal Constitution, since it is already based on the arrest warrant No. 0714700-75.2017.8.07.0000 (judgment No. 1083777), it is the application of the directives of the Supreme Court in the paradigm embodied in Subject No. 377.

“Judgment 1305047, 07078767520198070018, rapporteur: ANGELO PASSARELI, fifth civil class, trial date: 25.11.2020, published in DJE: 10/12/2020. ” 7. The Federal Constitution prohibits the accumulation of public charges for remuneration, unless there is compatibility between working hours and cases that are also expressly provided for in the constitutional text itself (Art. 37 No. XVI, CS). 8. The Superior Court of Justice of Colendo has a consolidated understanding that the illegal accumulation of public functions is a practice that is carried out in a timely manner and can therefore be investigated at any time, particularly because unconstitutional acts are not validated by the mere passage of time, which is why it would not be necessary to talk about it. in reality, in the decline of the administration.” Judgment 1317799, 07113323320198070018, rapporteur: GISLENE PINHEIRO, seventh civil class, trial date: 10/2/2021, published in DJE: 25/2/2021. « 2.1.

In addition, the Federal Constitution allows for the accumulation of two jobs or private jobs of health professionals in the form of art. 37, point XVI. 3.3. Thus, there is no legal provision preventing the applicant from pursuing the activity of doctor in the chosen specialty in parallel with the exercise of the actual function, either because the place of residence does not constitute an employment relationship, or because the manner in which the certifications of medical specialties are obtained, or on the basis of the constitutional provision to accumulate two private positions in the health sector. 3.1. In fact, the absolute and unconditional sealing of the “resident to fill a position of SES-DF staff in the same unit in which he resides” for the duration of the medical residency program constitutes an unreasonable restriction on the constitutional provision and the specific legislation itself. 4. Correct the judgment that provided security and, recognizing the nullity of the closure of the edict, establish the coatora power to enroll the applicant in the medical residency program in the field of psychogeriatrics, regardless of whether an effective medical position is exercised in the same health unit. Judgment 1326636, 07005572220208070018, rapporteur: JOÃO EGMONT, second civil class, trial date: 10/3/2021, published in DJE: 24/3/2021.

Therefore, we must analyze each case, because there are different decisions of the judiciary on the accumulation of acceptance of teaching and technical positions, but in general, technical positions are associated with the higher level of education. It is possible to accumulate public bodies even if the workload exceeds 60 hours per week, provided that it meets the other requirements for the accumulation of positions, including activities and schedules that are compatible. (c) those of two positions or private jobs of health professionals exercising regulated professions; (…) “3. Article 37, XVI, “c” of the Federal Constitution allows the cumulation of posts of public-private health professionals, provided that the compatibility of schedules and the regulation of professions are ensured. 4. In the present case, the positions intended for accumulation do not contain any rules constituting an obstacle to the recursive claim. Despite compliance, the profession of laboratory assistant for pathological anatomy does not fall within the scope of the provisions of Law No. 3.820/60 or Decision No. 485 of the Federal Council of Pharmacy – SBB. The exceptional standards regulate the profession of laboratory technician in clinical analysis with registration with the SBB and extend this definition to professionals holding a certificate of clinical pathology technician and biodiagnostic technician. In this case, the believer has a certification in a field other than the regulated field (necropsy technique) and it has not been proven that he is registered with the SBB.

5. The profession of NECROPSY technician, on the other hand, is also not regulated. The existence of a law regulating the profession does not satisfy the requirement that is impracticable in the constitutional norm of art.