STF invalidates criterion on seniority of judges in Amapá and Minas Gerais – News of Brazil
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The Plenary of the Federal Supreme Court (STF) invalidated rules that adopted public service time as one of the criteria for defining the seniority of judges in the states of Minas Gerais and Amapá.
The decision was made in the virtual session that ended on November 20, in the trial of two direct unconstitutionality actions (ADIs) filed by the Attorney General’s Office (PGR).
In ADI 6778, the object of questioning was Decree 69/1991 of Amapá, which establishes the length of effective public service as one of the criteria for assessing the seniority of judges and judges.
In ADI 5377, the PGR questioned the rule provided for in the Minas Gerais Complementary Law (LC) 59/2001, as worded by state LC 85/2005, which establishes among the tiebreaker criteria for promotion by seniority the length of public service provided to the state .
In his vote, the rapporteur, minister Nunes Marques, pointed out that, according to article 93 of the Federal Constitution, only a complementary law initiated by the Supreme Court can provide for the Statute of the Judiciary.
Until this rule is published, the topic is governed by the Organic Law of the National Judiciary (Loman – Complementary Law 35/1979).
The minister explained that, if there is a tie in terms of seniority, article 80 of the Loman establishes the precedence of the judge who is most senior in the career. The rules of Minas and Amapá establish as criteria, respectively, the longest period of public service provided to the state and the time held in an effective public position, and not just in the judiciary. He also recalled that the Supreme Court, on several occasions, declared the unconstitutionality of state laws that govern the matter in disagreement with the Loman rules.
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