“The readjustment should not be given only to this or that category. This is a myopic view”

“The readjustment should not be given only to this or that category.  This is a myopic view.”

Photo: Fellipe Sampaio/SCO/STF

Marco Aurelius Mello (photo), former minister of the Federal Supreme Court, said, in an interview with O Antagonist, what Jair Bolsonaro (PL) cannot grant salary readjustments only for police careers. If this is done, he said, the president will not be enforcing the law

According to the retired magistrate, Salary increases must be granted annually to all categories of civil servants, as provided for in the Constitution.

“Article 37, item X of the Federal Constitution says that the readjustment of civil servants has to be annual, linear and observed the same index for all categories of public service”, he said.

The proposal to restructure police careers, according to Marco Aurélio, “camouflage” a salary readjustment, which is illegal.

“This is a hidden salary increase, through restructuring, but with a readjustment included in the proposal. This is fraud. And it must be restrained by the Judiciary”, stated.

Read the full interview below:

Is the readjustment for servers in an election year legal?

Section X of article 37 of the Federal Constitution says that the readjustment of civil servants must be annual, linear and observed at the same rate for all categories of public service. And readjustment is the replacement of the purchasing power of the currency, taking into account inflation.

But the government is studying granting readjustments only for police careers. Can this possibility be questioned in the Judiciary?

The constituent was very clear that the review will be done annually. Inflation is bad for everyone. The readjustment should not be granted only for this or that category. This is a myopic view. I’m tired of voting like that in the Federal Supreme Court. I was out-voted in many cases. But I still think this is the correct way of interpreting the law.

President Jair Bolsonaro insists on granting readjustments only to police officers.

In my view, the president would have retreated, as the newspapers say, warning about the flood of actions that could reach the Judiciary.

As O Antagonista showed, the president wants to use it as a justification for granting the readjustment that the restructuring of police careers had been planned since 2019.

This has occurred in several governments. This is a covert salary increase, through restructuring, but with a readjustment included in the proposal. This is fraud. And it must be restrained by the Judiciary. The observance of the constitutional design is important and the example has to be set by the national leadership.

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