Lewandowski forces the government to pay for server readjustment in 2019 | Politics

With this, the readjustment of the 209,000 active public servants and the 163,000 inactive federal government, with pay increment percentages of 4.5% to 6.3%, will have to be paid for. 39 next year. According to the prosecutions, the estimated amount of 4.7 billion rubles in 2019.

The appeal is still pending and must be badyzed by the president of the STF, Dias Toffoli, because of the suspension of the judiciary that begins this Thursday. (20).

Lewandowski is the rapporteur of five legal actions against MP 849/2018, which have the effect of postponing readjustments. In addition, the MP also cancels the increase granted to the 124,000 commission positions, trust functions and gratuities existing within the executive.

The lawsuits claim that the measure is unconstitutional because it is forbidden for the chief executive to edit a standard with the same content as MP already rejected or having lost its effectiveness.

Lewandowski recalled that at the end of last year he had suspended another MP who had postponed the adjustment from 2018 to 2019. He had mentioned that in May of this year, he had closed the case because the MP had lost his effectiveness because it had not been voted by Congress.

Lewandowski stated that Congress had recognized the prohibition of re-issuing a measure having the same content as another that had been rejected or had lost its effectiveness, as provided for in paragraph 10 of the Act. Article 62 of the Constitution.

In a 41-page decision, Lewandowski pointed out that the readjustment was already provided for by law and that the hitters had an "essential" career for the state's operation.

"The different careers of federal public servants affected by the impugned interim measure, including typical state careers – essential to its own functioning – will experience the suspension of the remaining part of the adjustments already granted by approved laws. by the representatives of the United States, popular sovereignty, gathered at the National Congress, in response to a regular and timely provocation of the executive power, "the decision said. He noted that the increases had been approved by Congress and sanctioned by Plbadto Palace.

The Minister considered that the attempt to defer payments constituted "a breach of the principle of legitimate expectations and legal certainty, but a violation of rights already incorporated in the agents' badets". It considered "unjustified and unjustifiable discrimination".

Lewandowski also felt that a reprint of deputies on the same topic constitutes a violation of the Constitution. "It is necessary to conclude on the existence of the legal plausibility of the application, given that the reissue of the normative act contested violates prima facie the constitutional text and the case law signed by this Court" , wrote the minister.

The Minister decided that the postponement of payments should be suspended until the plenary pronounces definitively on the question "to safeguard the rights of the agents". There is no date for the judgment yet.