A (in)constitucionalidade da cassação de aposentadoria do servidor público

• Autor(a) principal: Vandermurem, Matheus Martinelli
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório da Faculdade de Direito de Vitória
• Texto Completo: http://191.252.194.60:8080/handle/fdv/415
• topic: Cassação de aposentadoria; Extinção de vínculos; Regime Próprio dos Servidores Públicos; Direito Adquirido; Ato Jurídico Perfeito; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The purpose of this study is to demonstrate the impossibility of proceeding with the applicability of the penalty of retirement of the public servant who commits a serious misdemeanor during the exercise of his duties. At a first moment it is necessary to present the forms as the extinction of ties of the public servant before the Public Administration, in view of the Own Regime of Social Security which is inserted, bringing consequences as far as the social security benefit of retirement, peculiar to the public servant . It is also necessary to analyze the changes that have taken place in the social security perspective of the public servant, proposed by Constitutional Amendments no. 20/98, 41/03 and 47/05. Among one of the possibilities of loss of the position, it is possible to list the retirement annulment. In this sense, the conclusion follows in favor of the unconstitutionality of this penalty applied to the server. This is mainly due to the character of a perfect legal act, when the benefit is enjoyed by the server, besides not being provided for in the law of administrative improbity. A result is sought taking into consideration the constitutional precepts that would prevent the application of the penalty, but not obstructing that the server is responsible in other instances. Therefore, it is intended to demonstrate how there is a tendency to punish the server, without observing the legal order and changes in social security matters.