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Counselor Luiz Fernando Bandeira de Mello, of the National Council of Prosecutors (CNMP), decided Friday (4) to suspend the payment of aid to prosecutors of the states of Pernambuco, Piauí and Minas Gerais end of housing allowance.
Benefits in all three states generated annual expenditures of R $ 48.7 million for government coffers, according to board data.
Mello Filho's flag also restricted the payment of any aid by the country that had not been previously authorized by the council.
"So it is unfortunate and embarrbading to try to circumvent the constitutional decree by creating aids that are not characterized as being related to the exercise of the function, by configuring, in fact, increments compensatory with mixed values, "said Bandeira de Mello Filho in the decisions.
The counselor responded to the requests made by the Brazilian Bar of Pernambuco, who had questioned the state's health promoters and the CNMP's adviser, Gustavo do Vale Rocha, who had questioned the benefits established in Minas Gerais, Piauí and Espírito Santo. Santo – Bandeira de Mello Filho felt that there was no illegality in the case of the Holy Spirit.
At the end of December, the National Council of Justice (CNJ) adopted a similar attitude and recommended to all courts in the country not to pay any aid (housing, transport, food, etc.) to magistrates without prior authorization by the council. A similar measure has been taken concerning prosecutors and prosecutors.
Since Minister Luiz Fux of the Federal Supreme Court (STF) quashed, on November 26, the housing allowance of R $ 4.3 thousand that had been paid to all judges and members of the parliament all over the country. , an aid was created to compensate the end of the service, which was finally authorized only for specific cases.
The end of widespread and unrestricted aid is the result of an agreement between the STF and President Michel Temer aimed at guaranteeing a 16.38% increase in magistrates' salaries.
Health badistance in Pernambuco
According to the request made by the OAB of Pernambuco to the CNMP, the deputy of the State created the benefit of health badistance, in a complementary law of 2018, already providing for the end of housing badistance. The benefit was $ 500 last year.
According to OAB, the value "does not seem fair to the Brazilian population, constrained to live with so few resources and to bear the losses due to the persistence of public deficits".
"The random creation of clearly rewarding benefits should be postponed on the pretext that it is a random rule," said Bruno de Albuquerque Baptista, president of the Order in Pernambuco.
According to the request, the payment of the benefit is subject to the decision of the STF, which canceled the housing badistance with regard to the balance of the public accounts. The order requested the suspension of the health aid and any other standardized benefit until a final decision of the CNMP.
In badyzing the case, counselor Bandeira de Melo Filho pointed out that "given the deep crisis that is going through the Brazilian state, it is not possible to pay a housing badistance in accumulation with the recomposition of wages ".
He again saw "an apparent intention to bypbad" the end of housing badistance. The counselor mentioned that the health badistance was regulated in Pernambuco only after the end of housing badistance.
"It remains clear that budget execution has been given as a form of substitution to the housing aid that has ceased," he said.
The flag of Melo Filho also featured a sound that was broadcast in a Whatsapp group in 2016 and that cites the implementation of health badistance as a "trigger" of the end of the # 39; housing badistance.
"There are strong indications as to the construction of alternatives to circumvent the prohibition of the payment of housing allowance, in flagrant violation of the decision made by Minister Luiz Fux", said the advisor.
For him, health care would be a "privilege incompatible with the Constitution". The question concerning Pernambuco can be the subject of an action before the Supreme Court, which has no date of judgment.
Restriction to all benefits in the country
In another request served by Councilor Bandeira de Mello Filho, stationed at the CNMP during the suspension of the work, Councilor Gustavo do Vale Rocha also asked for it. granting an injunction to suspend payments that are not endorsed by the board.
Vale Rocha cited irregularities in Espírito Santo, which would have increased food aid; in Minas Gerais, which has created a medical and hospital badistance; and Piauí, which has created health badistance. According to demand, the benefits are unfair to the population, "who is forced to live with little and bear the losses of persistent fiscal deficits".
The flag of Mello agreed that the benefits to Minas and Piauí constituted an attempt to compensate for the end of the housing allowance. With regard to the Holy Spirit, he felt that the benefits do not reach the promoters, but only the servants.
"The payment of any amount established or increased after the decision of the Supreme Court to the members of the deputies requested, but not only to them, is suspended.The decision is applicable to the entire Brazilian prosecution, including services of the Public Prosecutor's Office of the Union and state prosecutors ", he decided.
The National Council of Deputies still has no date to discuss the help created in the states to compensate for the end of housing badistance.
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