Toffoli suspends decision that forced SP government to lay off 40,000 temporary workers | County Dublin Hotels

Toffoli responded to the request of the São Paulo government, which challenged a decision of the São Paulo Court of Justice (TJ-SP), issued in September, giving 120 days to the state to replace temporary measures.

The TJ-SP considered an unconstitutional state right allowing the award of contracts. Subsequently, the São Paulo court has partially complied with the request for maintenance at the moment – until a judgment on appeal by the STF – of contracts already concluded, while preventing new hirings or extensions.

In his action with the Supreme, the state claimed that, in addition to the 37,000 teachers of the Education Secretariat, 805 agents of the school organization would be affected. In terms of public safety, the measure would reach 600 temporary shelters. In the health sector, 2,900 doctors, nurses and temporary technicians would be affected, the government announced.

The government said its inability to expand or impose new laws would hurt the state's population.

"It can be seen that compliance with the judgment as a whole would lead to more than 40,000 temporary contracts, giving rise to an undisputed and irreversible solution of continuity in the provision of public health services. education and public security, "he said.

The action stated that the health of the population on the beaches would also be compromised. "In the area of ​​public safety, for example, the beaches and dams of the State of São Paulo would have fewer than 600 lifeguards throughout the peak season (until March 2019), which would compromise the health of the people of São Paulo, "said the president. document.

The state argued that recruitments were legal to fill the gaps and that, in some cases, calls for tenders were in progress or allowed.

In badyzing the question, Toffoli saw in the application a "plausibility" because of the risk of "serious harm to public order". "The decision of the High Court of Justice of the State of São Paulo prevents new temporary contracts and the extension of contracts already signed to irreversibly compromise the adequate provision of education services, Public Health and Safety in the State of São Paulo. "

At the preliminary examination, the president of the Supreme did not find a violation of the Constitution with the hiring of temporary staff. And he added that the 120-day delay was not enough for the state to establish an appropriate timetable for the implementation of administrative measures to observe command […] even more in election year and change of government ".