Post by account_disabled on Mar 5, 2024 22:43:38 GMT -5
We need to pragmatically deal with the highly likely scenario of revision or non-compliance with the primary result target. The question that arises right in these first days of the financial year is about the consequences of this fact. In light of article of LC in the worst case scenario the prohibitions listed in sections I to X of article -A of the Federal Constitution would be activated:
I – granting in any capacity an advantage increase readjustment or adequacy of remuneration to members of a Power or body public servants and employees and military personnel except those derived from a final and unappealable court ruling or legal determination prior to the beginning of the application of the measures referred to in this article;
II – creation of a position job or function that involves an increase in expenses;
III – change in career structure that B2B Email List implies an increase in expenses;
IV – admission or hiring of personnel in any capacity except:
a replacement of leadership and management positions that do not result in an increase in expenses;
b replacements arising from vacancies in permanent or lifetime positions;
c temporary hiring referred to in item IX of the caput of art. of this Constitution; It is
d replacements of temporary personnel for military service and students of military training bodies;
V – holding a public competition except for the replacement of vacancies provided for in item IV of this caput;
VI – creation or increase of aid advantages bonuses allowances representation funds or benefits of any nature including those of an indemnity nature in favor of members of Power the Public Prosecutor's Office or the Public Defender's Office and public servants and employees and of military personnel or their dependents except when derived from a final court ruling or legal determination prior to the beginning of the application of the measures referred to in this article;
VII – creation of mandatory expense;
VIII – adoption of a measure that implies an adjustment of mandatory expenses above the variation in inflation observing the preservation of purchasing power referred to in item IV of the caput of art. th of this Constitution;
IX – creation or expansion of programs and lines of financing as well as remission renegotiation or refinancing of debts that imply an increase in expenses with subsidies and grants;
X – granting or expansion of incentives or benefits of a tax nature.
In all of the cases above there are precedents for judicial and external control systems mitigating their grammatical-literal incidence and forcing their respective contextualization especially because they are prohibitions that were already in force in the Brazilian legal system before their insertion in article -A of the CF by Amendment . LC itself softened the restrictions of item VIII of article -A of CF for the annual review of the minimum wage as stated in article : “ in the application of the fiscal adjustment measures referred to in this article the prohibition provided for in item VIII of the caput of art. -A of the Federal Constitution does not apply to adjustments in the minimum wage resulting from the guidelines established in law to increase the minimum wage”.
I – granting in any capacity an advantage increase readjustment or adequacy of remuneration to members of a Power or body public servants and employees and military personnel except those derived from a final and unappealable court ruling or legal determination prior to the beginning of the application of the measures referred to in this article;
II – creation of a position job or function that involves an increase in expenses;
III – change in career structure that B2B Email List implies an increase in expenses;
IV – admission or hiring of personnel in any capacity except:
a replacement of leadership and management positions that do not result in an increase in expenses;
b replacements arising from vacancies in permanent or lifetime positions;
c temporary hiring referred to in item IX of the caput of art. of this Constitution; It is
d replacements of temporary personnel for military service and students of military training bodies;
V – holding a public competition except for the replacement of vacancies provided for in item IV of this caput;
VI – creation or increase of aid advantages bonuses allowances representation funds or benefits of any nature including those of an indemnity nature in favor of members of Power the Public Prosecutor's Office or the Public Defender's Office and public servants and employees and of military personnel or their dependents except when derived from a final court ruling or legal determination prior to the beginning of the application of the measures referred to in this article;
VII – creation of mandatory expense;
VIII – adoption of a measure that implies an adjustment of mandatory expenses above the variation in inflation observing the preservation of purchasing power referred to in item IV of the caput of art. th of this Constitution;
IX – creation or expansion of programs and lines of financing as well as remission renegotiation or refinancing of debts that imply an increase in expenses with subsidies and grants;
X – granting or expansion of incentives or benefits of a tax nature.
In all of the cases above there are precedents for judicial and external control systems mitigating their grammatical-literal incidence and forcing their respective contextualization especially because they are prohibitions that were already in force in the Brazilian legal system before their insertion in article -A of the CF by Amendment . LC itself softened the restrictions of item VIII of article -A of CF for the annual review of the minimum wage as stated in article : “ in the application of the fiscal adjustment measures referred to in this article the prohibition provided for in item VIII of the caput of art. -A of the Federal Constitution does not apply to adjustments in the minimum wage resulting from the guidelines established in law to increase the minimum wage”.