Judge denies request to oblige Alap to nominate those approved in public tender – News of Brazil
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Paulo Silva
From the Editor
Judge Moisés Ferreira Diniz, from the 3rd Civil Court and Public Treasury of Macapá, rejected a request for injunctive relief in a popular action filed by José Morpheu Ferreira Mendes against the Legislative Assembly of Amapá demanding the appointment of candidates approved in a public tender.
The popular author stated that the appointment of numerous commissioned positions to the Legislative Assembly is morally questionable while there are those approved in the public tender held in 2019 to be appointed, which is why he asked for the suspension of the effectiveness of the acts of appointments in commissioned positions held on March 7 and 8, 2023.
The Legislative Assembly refuted the arguments of the popular author, maintaining that the requirements for granting provisional guardianship were not met. In the decision, Judge Moisés Ferreira Diniz pointed out that, at this early stage of the process, he did not foresee the probability of the alleged right. The appointment of the commissioners was approved by the presidency of the Legislative House for the positions previously provided for by law.
In addition, noted the judge, the Federal Constitution does not provide for the percentage of positions to be filled by effective servants and does not prohibit the appointment of commissioned positions during the validity of the public tender.
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