Justice denies state's appeal against the promotion of 2.284 military policeThe decision in favor of Association of the State of Amazonas Squares (Apeam) for the special promotion and seniority was maintained by TJAM.
The Amazon Court (TJAM) No rejected the requests for clarification 0000279-08.2017.8.04.0000, in the State of Amazonas appealed the decision in favor of Association of the State of Amazonas Squares (Apeam) for the special promotion and seniority 2.284 military police.
In a unanimous decision, in session Tuesday (20), members of the Full followed the vote of the rapporteur, Judge Lafayette Carneiro Vieira Junior, keeping unchanged the ruling of the injunction No. 4001983-56.2015.8.04.0000.
"Indeed, analyzing closely the constant decision harassed, I envision that all the issues discussed were effectively addressed, clearly, concise and sufficiency of logical reasoning that led to decision, while the objector encampa, by way of appeal, request for new trial on the matter already decided ", the rapporteur says in his vote in feature.
In the process originating, the Association urged compliance with the State Law 4044/2014, which provides for the restructuring of the State of Amazonas Squares Military Career, stating that the police fulfilled the requirements for career advancement. Also according to the records, promoting minutes came to be published by the commander in PM Bulletin, recognizing the right of the military to promote, but the administrative act was not implemented.
The judge assessed that the criteria established by law are objective and, be accomplished, the military comes to access above and is replaced by expectation right to post rise; so, He said it is not discretionary act, but linked Administration Act.
"Understanding how discretionary the effectiveness of promotions for seniority and special equates to become a dead letter Law 4044/2014 - which provides for restructuring of Career Amazonas State Military Squares -, constituting arbitrary and illegal act, that can be corrected by the judiciary, who is responsible, in the final ratio, give unique and egalitarian interpretation of the legal norms ", said the rapporteur in Injunction vote.
Contest Fire Department
The judge Lafayette Vieira is also rapporteur filed injunctions against the general commander of the Amazon Fire Brigade, by successful candidates of 2009, to be admitted to the body of the Training Course.
Due to the presence of gazetted in session, the rapporteur explained to them that the cases were withdrawn from the agenda at last week's session, because they can not be prosecuted because the matter was pending judgment in the Supreme Court, overall impact of thirst.
In cases of general repercussion, the Supreme decide once on an issue and that decision is multiplied for all the same reasons.