Maués judge condemns Municipality by irregular dismissals electionsThe municipality was ordered to compensate laid-off servers at the end of 2016, by then Mayor Carlos Garcia, who failed to get re-elected.
Judge Rafael Almeida Cró, holder of the 1st Court of the District Maués, public civil action filed by the State Prosecutor, ordered the municipality to compensate exonerated servers irregularly, during the election period 2016, by then Mayor Carlos Raimundo Goes Pinheiro (PT), known as “Padre Goes”, who had contributed, unsuccessful, for re-election that year. The decision, issued on Monday (15), It was based on Article 73, Item IV, of law 9504/97 (Election Law), prohibiting public officials practice Pipelining, among them the resignation of servers during the three months preceding the election, until those elected.
“The article 73 the Electoral Law prohibits frontally that layoffs occur during the election period, precisely so that certain positions are not used as a mass political maneuver. The evidence brought before the Court were quite robust and declare the nullity of the acts of dismissal and the consequent responsibility of the Municipality in order to pay, the sacked, of the figures for the three months they were covered by the stability provided by law”, He stressed the judge Rafael.
The lawsuit was filed by the promoter of Justice Yara Rebecca Marino Paula Albuquerque, forming a process over 1.000 pages. Before filing the suit, MPE reached expedite Recommendation 004/2016, warning the then mayor of the illegality of the acts of resignation, without the officer having followed the recommendations of reverse them.
According to the records, the servers have had their contracts terminated from 4 October 2016. When he joined with action, MEP pleaded injunction (injunction), to ensure the reinstatement of the dismissed. In February 2017, However, a first decision under the Public Civil Action, Rafael Cró judge denied the injunction, considering that, by then, the provisional stability provided by the Election Law had already elapsed. The position was reiterated in the decision Monday by the judge to examine the merits of the action. “No present case, there is no need to talk about reintegration to positions occupied before, It has elapsed since the period of provisional stability - 02/07/2016 a 01/01/2017. Beyond, however, such an act of nullity must be converted into compensation for the period of provisional stability they were entitled to the affected servers”, said the magistrate judge partially the claims made in the initial.