Disrespect to the most elementary principles of a republican political regime.
For recognizing offense to the Compulsory enunciated n. 13, the Federal Supreme Court accept, in 4.3.2009, the action interposed against decision that keeps the ownership of the brother of the Governor of the State of the Paraná in the position of Council member of the Court of Accounts.
In 24.6.2008, the Chief Justice of the Court of Accounts of the Paraná wrote to the President of the Legislative House of the State, informing the necessity of a new election to choose a new member for de Accounts Court. The expedient was read in session in the same day where received, but formalized in the subsequent day. On this day, the Executive Commission of the State Legislature edited Act 675/2008, opening the stated period of 5 days for the registrations of candidates to the alluded vacant office, beyond establishing new rules for the choice procedure and indication, in special transforming the secret voting into a nominal one, according to one quarrel.
The STF understood that the nature of the position of Council of the Court of Accounts is not fit in the political agent concept, and so, the process of nomination of the brother of the Governor had irregularities that could compromise the choice made for the State Legislature.
In the vote of the Minister Lewandowski is registered the precipitation, at least suspected, of the acts of the Parana Legislative House to promote the election process, what it would indicate the attempt of deny the constitutional principles of the publicity and impersonality that lead the Public Administration.
The approval of the brother of the Governor for the position is also occured before finished the stated period for the registration of candidates.
It was affirmed there is a doubtful constitutionality in the act. In face of the principle of the symmetry, the choice of members of the Court of Accounts for the State legislature couldn´t be done by na opened voting process, having in account the art. 52, III, b, of the Republic Constitution.
The Court also concluded that the nomination of the brother of the Governor to occupy the position of Council member of the Court of Accounts, whose function is to fiscalize the accounts of the proper governor, would be a disrespect to the most elementary principles of a republican political regime.
The STF granted, for unamimity, the threshold and suspended the effect of the nomination of Mauricio Requião, until the definitive judgment of the Public Interest Action. (see, Rcl 6702 AgR-MC/PR, rel. Min. Ricardo Lewandowski, 4.3.2009. (Rcl-6702)
In 24.6.2008, the Chief Justice of the Court of Accounts of the Paraná wrote to the President of the Legislative House of the State, informing the necessity of a new election to choose a new member for de Accounts Court. The expedient was read in session in the same day where received, but formalized in the subsequent day. On this day, the Executive Commission of the State Legislature edited Act 675/2008, opening the stated period of 5 days for the registrations of candidates to the alluded vacant office, beyond establishing new rules for the choice procedure and indication, in special transforming the secret voting into a nominal one, according to one quarrel.
The STF understood that the nature of the position of Council of the Court of Accounts is not fit in the political agent concept, and so, the process of nomination of the brother of the Governor had irregularities that could compromise the choice made for the State Legislature.
In the vote of the Minister Lewandowski is registered the precipitation, at least suspected, of the acts of the Parana Legislative House to promote the election process, what it would indicate the attempt of deny the constitutional principles of the publicity and impersonality that lead the Public Administration.
The approval of the brother of the Governor for the position is also occured before finished the stated period for the registration of candidates.
It was affirmed there is a doubtful constitutionality in the act. In face of the principle of the symmetry, the choice of members of the Court of Accounts for the State legislature couldn´t be done by na opened voting process, having in account the art. 52, III, b, of the Republic Constitution.
The Court also concluded that the nomination of the brother of the Governor to occupy the position of Council member of the Court of Accounts, whose function is to fiscalize the accounts of the proper governor, would be a disrespect to the most elementary principles of a republican political regime.
The STF granted, for unamimity, the threshold and suspended the effect of the nomination of Mauricio Requião, until the definitive judgment of the Public Interest Action. (see, Rcl 6702 AgR-MC/PR, rel. Min. Ricardo Lewandowski, 4.3.2009. (Rcl-6702)
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