Judge decides to keep possession of suspension of the new Minister of Labor

Possession of Mrs, Cristiane Brazil, the post was scheduled for today (9). Entity says that the appointment of Cristiane "offends the administrative morality".
09/01/2018 15h30 - Updated 10/01/2018 16h00
Photo: reproduction

Vinícius Lisboa – Agency Brazil

The vice-president of the Regional Court of the 2nd Region (TRF-2), Judge William Couto de Castro, He rejected the appeal of the Attorney General's Office (AGU) to suspend the injunction that prevents Congresswoman Cristiane Brazil (PTB-RJ) taking over as Labor Minister. Possession by Mrs in office was scheduled for today (9).

The appeal was filed last night (8), after the judge Leonardo da Costa Couceiro, holder in exercise of the 4th Federal Court of Niterói, in Rio de Janeiro, granted an injunction suspending the effectiveness of the decree appointed as deputy minister.

The first case was referred to the president of the TRF-2, Judge André Fontes, but he declared suspect to decide on the injunction, for reasons of intimate forum. after that, the process has been redistributed to the Vice President, who decided to uphold the decision of the first instance.

in the decision, Guilherme Couto de Castro found that the injunction does not involve a risk of serious injury to the order, the health, security and public economy. The judge also held that the issue can be addressed in assessing the merits of the class action, which will be judged by the first instance.

"The questions to be answered positively, to allow the handling of the suspension, They are very simple: (i) there is serious injury to the economic order or health? (ii) There tumultuous reversal of legal and administrative, able to authorize suspension, regardless of the debate in their own way? Only the grant of injunction, Per hour, Mrs prevents federal ownership shown is not able, if, to respond positively to such assumptions ", published.

injunction
The injunction was granted in response to a Labor Independent Lawyers Movement popular action. The organization says that the appointment of Brazil Cristiane "offends the administrative morality". According to the lawyers' movement, Mrs "practiced personally serious violations of labor laws, caught and proven in, at least, two lawsuits ".

After his name was announced as Labor Minister, information emerged that Cristiane has labor debts to former employees. Based on the arguments, the judge ruled, preliminarily, to grant the injunction without hearing the defendants would be justified "on the gravity of the facts under consideration". He highlighted have checked "blatant disregard for the Constitution with regard to the administrative morality", when it intends to nominate for the post of Minister of Labor "who have already been convicted in labor claims".

Graduated in Law, Rio's Cristiane Brazil Francisco entered the political career 2003 and served three mandates councilor of the city of Rio de Janeiro. In 2014, He was elected federal deputy by the state.


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