Court suspends appointment of governor’s son in SC – 01/04/2024 – Power

The Santa Catarina Court ordered this Thursday (4) the suspension of the appointment of Filipe Mello, son of the state governor, Jorginho Mello (PL), to the state secretariat of the Civil House.

The decision, by substitute judge João Marcos Buch at a request from the PSOL state directory, mentions a 2008 Santa Catarina decree prohibiting the appointment of a spouse, partner or relative to a commission or trust position.

The thesis of the binding summary of the STF (Supreme Federal Court) is also cited, which excludes appointments to positions of a political nature from cases of nepotism. Despite this, the judge highlights the need, according to him, to fill the position “in a way that meets the public interest”.

For Buch, “there was in theory a violation of the principles of morality and impersonality, resulting in nepotism.”

“In effect, the head of Power cannot treat the public machine as a private thing and transform it into a family entity, composing the government team with members of his family”, argues the judge in the order.

Jorginho announced the appointment of his son to the Civil House on Wednesday (3), taking over the position of Estener Soratto (PL), who returned to the position of state deputy and seeks to run for Mayor of Tubarão in October. Although it could take place until April, according to electoral law, both brought forward the exchange.

The governor announced Filipe’s appointment through an official government note in which he cites his “vast experience in public management”, lists the positions held in state secretariats and in Florianópolis between 2005 and 2016 and does not mention his relationship.

Still on Wednesday, the Santa Catarina governor’s office published a note later reiterating the absence of impediments to Filipe’s appointment to the position and stating that the new secretary had his name endorsed by leaders of all state powers.

“There is no impediment to the appointment, according to summary 13 of the STF and jurisprudence from governments of other states. The appointment of the new secretary of the Civil House is due to his own merit and proven competence”, informed the administration.

According to the 2008 Supreme Court understanding, secretarial positions are considered political appointments and, therefore, do not comply with the anti-nepotism law, which prohibits appointments of administrators’ spouses and relatives up to the third degree of these to public positions.

On that occasion, the court looked into the case of the appointment of Roberto Requião’s brother, then governor of Paraná.

In January, the Sheet reported that at least five other governors had appointed relatives to the top level of their governments.