STF has majority to authorize contests in states undergoing fiscal recovery

The Federal Supreme Court (STF) formed a majority this Friday (30) to maintain the decision that authorized states that are in fiscal recovery to hold public tenders. The ministers endorsed an injunction in which Minister Luís Roberto Barroso, rapporteur for the case, released the tenders for filling vacant positions.

Barroso’s injunction was from November 2021. He mentioned that the lack of filling vacancies could harm the provision of public services, informed Agência Brasil. “The prohibition on replacing vacancies in public offices, in some cases, compromises the provision of essential public services to the community”, voted the minister.

The rapporteur was accompanied by ministers Dias Toffoli, Carmen Lúcia, Alexandre de Moraes, Gilmar Mendes, Edson Fachin and Luiz Fux. By law, states that are in fiscal recovery cannot replace vacant positions to avoid spending on personnel. The case is judged in the virtual plenary, a modality in which the ministers enter the votes in the electronic system and there is no in-person deliberation. Voting will end at 11:59 pm this Friday.

The request for the release of tenders was made by the Association of Brazilian Magistrates (AMB) and the National Association of Members of the Public Ministry (Conamp).