STF refuses the request to appoint Mourão's son to BB

The President of the Federal Supreme Court, Dias Toffoli, dismissed a complaint against the promotion of Antonio Hamilton Rossell Mourão, son of the Vice President of the Republic, to the post of special adviser to the presidency of Banco do Brasil.

After the inauguration of the new management of Banco do Brasil, the son of Vice President Hamilton Mourão is promoted to special adviser to the presidency with a salary of 36,000 rand, three times more than he. did not win it. He is a career employee of the institution where he has been working for 18 years.

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In an order, Toffoli pointed out procedural flaws. According to the Minister, it is not appropriate to appeal to the courts, through a complaint, against a measure of public administration before exhausting the resources of the administrative sphere .

According to the Minister, "specifically with regard to the respect of the constitutional complaint against an omission or an administrative law, the rule of paragraph 1 of Article 7 of Law 11.417 / 2006, which provides:" against the omission or act of the public administration, the use of the complaint is allowed only after the exhaustion of administrative procedures. "[19659003] "In other words In the complaint against an administrative action for alleged violation of the declaration of precedent, the author must prove that he has a subjective right whose enjoyment presupposes an act of authority, as well as the evidence that he used the means available to claim him by administrative means, "he said.

In the application, the applicant requested that the complaint be considered appropriate to order the" final nullity of the appointment and inauguration of Mr. Antônio Hamilton Ros sell Mourão to the position of trust that he holds today in the presidency of the Bank of Brazil, as special advisor to BB's president, as long as the nepotism situation persists. "

The lawyer who drafted the petition still required that Mourão and his son" be engaged in the practice of nepotism, either directly or by the cross, since the relationship of kinship with the causal link, designations reciprocal, is proven "

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