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STF will decide whether ordinary law revokes the advantage of complementary law

The plenary, by majority, recognized the general repercussion of the matter.

From the Editors

 

Saturday, December 28, 2024

 

Updated at 07:31

 

The STF will analyze whether a benefit granted to a public servant by  a municipal supplementary law can be revoked by an ordinary law. The Supreme Court recognized the general repercussion of the matter by understanding that the conflict has a constitutional nature.  With the decision, the thesis to be established should be applied to all similar cases.

 

The issue originated in a decision by the TJ/MG that forced the municipality of Formiga/MG to pay transportation assistance to the employee.

 

In this case, the benefit had been established by complementary law, which requires an absolute majority of councilors for approval, but was revoked by an ordinary law, which only requires a simple majority.

 

According to the Court's understanding, the principle of parallelism of forms prevents a complementary law from being modified or revoked by an ordinary law, this only being possible by an equally complementary law, so that the aid should be maintained.

 

In the STF, the municipality argued that the  CF  does not require a complementary law for the type of benefit in the case, stating that, although with the same format, the content of the rule would be ordinary, allowing its revocation by ordinary law.

 

 

STF will decide whether ordinary law revokes the advantage of complementary law. 

By majority, the plenary session expressed its support for the general repercussion of the matter, understanding that the conflict between complementary and ordinary laws has a constitutional nature.

 

Justices Luís Roberto Barroso and Luiz Fux were defeated when they ruled against the general repercussion of the appeal. According to Barroso, the discussion about the possibility of repealing a complementary law by ordinary law does not concern constitutional matters, but the examination of infra-constitutional legislation.

 

For Minister Alexandre de Moraes, in the opposite understanding, the issue transcends the specific case and involves the necessary and essential respect for the due constitutional legislative process .

 

Process : ARE 1,521,802

 

 link: https://www.migalhas.com.br/quentes/422155/stf-decidira-se-lei-ordinaria-revoga-vantagem-de-lei-complementar