Post by account_disabled on Mar 7, 2024 3:27:52 GMT
The Full Court of Auditors of the State of Rio Grande do Sul TCERS must decide after Carnival whether the holiday replacement payment made to lawyers from the State Attorney General's Office was legal or not. The provocation came from the attorney general of the State's Public Ministry of Accounts Geraldo da Camino who sent an opinion in December for the return of R$ million unduly paid to prosecutors in the fiscal year.
The Opinion listed this and other irregularities in the penultimate year of the administration of prosecutor Eliana Graeff Martins who headed the Prosecutor's Office during the Yeda Crusius government. The process is now in the hands of counselor Estilac Xavier from the TCE who will report on the matter.
Last year PGE paid R$ million as a replacement bonus. However BTC Number Data according to Opinion MPC only one third of the replacement's salary would be due per month of replacement. Therefore there would have to be a refund to the State coffers corresponding to the difference illegally spent. Replacement occurs when an attorney is on vacation away on sick leave or for any other reason or when a position is vacant because there is no one approved in a competition to be appointed.
The controversy revolves around the interpretation of state Complementary Law which created the bonus. In the understanding of the MPC attorney general the bonus is limited to one third of the position's salary when the public lawyer absorbs all of the duties of the person being replaced. In his opinion Geraldo da Camino pointed out two illegalities the amounts paid for bonuses far exceeded the limit of one third; and the amounts paid disrespected what was established in the Law which was the total absorption of the duties of those replaced.
The payments of the replacement bonus were made exactly in accordance with article of the law especially combined with paragraph which provides that the limit is two thirds and not one third for receiving the replacement bonus counters the PGE attorney Eduardo Cunha da Costa who works with the TCE. Costa emphasizes that the payments took into account the provisions of Decree of of the state governor and were not made by PGE's own act. Therefore the decree regulated the law as required by the Constitution.
The Opinion listed this and other irregularities in the penultimate year of the administration of prosecutor Eliana Graeff Martins who headed the Prosecutor's Office during the Yeda Crusius government. The process is now in the hands of counselor Estilac Xavier from the TCE who will report on the matter.
Last year PGE paid R$ million as a replacement bonus. However BTC Number Data according to Opinion MPC only one third of the replacement's salary would be due per month of replacement. Therefore there would have to be a refund to the State coffers corresponding to the difference illegally spent. Replacement occurs when an attorney is on vacation away on sick leave or for any other reason or when a position is vacant because there is no one approved in a competition to be appointed.
The controversy revolves around the interpretation of state Complementary Law which created the bonus. In the understanding of the MPC attorney general the bonus is limited to one third of the position's salary when the public lawyer absorbs all of the duties of the person being replaced. In his opinion Geraldo da Camino pointed out two illegalities the amounts paid for bonuses far exceeded the limit of one third; and the amounts paid disrespected what was established in the Law which was the total absorption of the duties of those replaced.
The payments of the replacement bonus were made exactly in accordance with article of the law especially combined with paragraph which provides that the limit is two thirds and not one third for receiving the replacement bonus counters the PGE attorney Eduardo Cunha da Costa who works with the TCE. Costa emphasizes that the payments took into account the provisions of Decree of of the state governor and were not made by PGE's own act. Therefore the decree regulated the law as required by the Constitution.