Post by account_disabled on Mar 6, 2024 22:41:33 GMT -6
xThe irreparable damage that justifies the injunction is not the eventual and hypothetical damage but the concrete and imminent one. On this basis the rd Panel of the Federal Court of the th Region granted a request for suspensive effect to the injunction that forced the Senate to deduct from a group of employees the overtime received for January during the parliamentary recess.
Federal judge Fernando Quadros da Silva rapporteur of the Interlocutory Appeal filed by the Federal Union highlighted that to maintain the injunction it would be necessary to have unequivocal proof of the alleged irregularity of the administrative act that ordered the payment of overtime ''without which the verisimilitude of the alleged right militates in favor of the Public Administration whose acts have a presumption of legitimacy''. The decision was made in a trial session on March th.
The case began on March when Gaucho lawyers Irani Mariani and Marco Pollo Giordani with an office in Porto Alegre filed a Popular Action against the Union Senator Garibaldi Alves PMDBRN Senator Efraim Moraes DEMPB and against the Senate employees who benefited from overtime pay during a period in which there was no legislative activity in the House.
The authors citing reports published in the local press maintained that the act that authorized the payment of overtime — estimated at around R$ million — violated administrative morality and harmed public coffers. They asked BTC Number Data for the identification of the beneficiaries the return of the amounts paid and the joint conviction of those responsible for issuing the measure.
Additionally they also requested a reduction in the number of civil servants per senator of the Republic as well as the amounts paid; the reduction of the positions of directors; the monthly review of the cost value of each senator and the extinction of the th and th salaries. At the time the Senate had employees including contractors commissioned employees and outsourced employees for a total average of one hundred employees for each senator.
Abbreviated requests
On April an order from substitute federal judge Gabriel Menna Barreto Von Gehlen partially rejected the request for an injunction and allowed the action to continue only with regard to the overtime paid to employees during the recess period. The magistrate authorized the summons of the defendants and gave a period of days after receiving the subpoena for the Senate Human Resources Secretariat to provide the list with the name and address of the benefited employees.
Federal judge Fernando Quadros da Silva rapporteur of the Interlocutory Appeal filed by the Federal Union highlighted that to maintain the injunction it would be necessary to have unequivocal proof of the alleged irregularity of the administrative act that ordered the payment of overtime ''without which the verisimilitude of the alleged right militates in favor of the Public Administration whose acts have a presumption of legitimacy''. The decision was made in a trial session on March th.
The case began on March when Gaucho lawyers Irani Mariani and Marco Pollo Giordani with an office in Porto Alegre filed a Popular Action against the Union Senator Garibaldi Alves PMDBRN Senator Efraim Moraes DEMPB and against the Senate employees who benefited from overtime pay during a period in which there was no legislative activity in the House.
The authors citing reports published in the local press maintained that the act that authorized the payment of overtime — estimated at around R$ million — violated administrative morality and harmed public coffers. They asked BTC Number Data for the identification of the beneficiaries the return of the amounts paid and the joint conviction of those responsible for issuing the measure.
Additionally they also requested a reduction in the number of civil servants per senator of the Republic as well as the amounts paid; the reduction of the positions of directors; the monthly review of the cost value of each senator and the extinction of the th and th salaries. At the time the Senate had employees including contractors commissioned employees and outsourced employees for a total average of one hundred employees for each senator.
Abbreviated requests
On April an order from substitute federal judge Gabriel Menna Barreto Von Gehlen partially rejected the request for an injunction and allowed the action to continue only with regard to the overtime paid to employees during the recess period. The magistrate authorized the summons of the defendants and gave a period of days after receiving the subpoena for the Senate Human Resources Secretariat to provide the list with the name and address of the benefited employees.
