Post by account_disabled on Mar 6, 2024 22:38:45 GMT -6
Although lawyers are indispensable to the administration of Justice and perform functions in the public interest they are not equated to public servants and do not meet the necessary requirements to benefit from the bonus license. With this unanimous understanding the Special Body of the Court of Justice of São Paulo decided that judges from the fifth constitutional and those who practiced private law before entering the judiciary do not have the right to calculate the time spent practicing law for the purposes of bonus leave. .
The panel however was also unanimous in recognizing the ex nunc effect of the decision that is it is only valid for new cases which if presented will be rejected. Judges who have already received the benefit will not need to return the amounts as they received the funds in good faith and based on a decision by the Special Body according to the court's understanding.
“The law statute says that the lawyer provides public service BTC Number Data and social interest but from then on saying that the lawyer’s time in private service is time in public service is a huge distance” said the rapporteur of the case judge Ruy Coppola .
The decision rejects the appeal of two of the judges from the legal profession who had their licenses revoked by the Superior Council of Judiciary in December following an inspection by the National Council of Justice in the São Paulo court.
The collegiate's decision also revokes another decision made in that granted a block of bonus leave to judges who arrived at the TJ through the fifth by applying the principle of equity between careers analogous to the judiciary — as is the case with members of the Ministry Public the state attorney's office and the Court of Auditors for example. A block of bonus leave means days of benefit which is earned after completing five years of effective public service.
Judge Walter de Almeida Guilherme highlighted that “the award license constitutes a 'prize' as the name of the benefit says” and that the award is made based on compliance with certain legal requirements such as demonstration of attendance and absence of administrative misconduct within a period of five years. For the judge there is no possibility of analyzing the fulfillment of these requirements during the period in which the now judge worked as a private lawyer.
The panel however was also unanimous in recognizing the ex nunc effect of the decision that is it is only valid for new cases which if presented will be rejected. Judges who have already received the benefit will not need to return the amounts as they received the funds in good faith and based on a decision by the Special Body according to the court's understanding.
“The law statute says that the lawyer provides public service BTC Number Data and social interest but from then on saying that the lawyer’s time in private service is time in public service is a huge distance” said the rapporteur of the case judge Ruy Coppola .
The decision rejects the appeal of two of the judges from the legal profession who had their licenses revoked by the Superior Council of Judiciary in December following an inspection by the National Council of Justice in the São Paulo court.
The collegiate's decision also revokes another decision made in that granted a block of bonus leave to judges who arrived at the TJ through the fifth by applying the principle of equity between careers analogous to the judiciary — as is the case with members of the Ministry Public the state attorney's office and the Court of Auditors for example. A block of bonus leave means days of benefit which is earned after completing five years of effective public service.
Judge Walter de Almeida Guilherme highlighted that “the award license constitutes a 'prize' as the name of the benefit says” and that the award is made based on compliance with certain legal requirements such as demonstration of attendance and absence of administrative misconduct within a period of five years. For the judge there is no possibility of analyzing the fulfillment of these requirements during the period in which the now judge worked as a private lawyer.