Barroso will be or rapporteur of ação against MP that will lead public agents of punishing the pandemic Politics

Barroso was the rapporteur of the case by means of the court draw system. O Cidadania party protocol uma seção semahante na corte, mas o rapporteur não tinha been drawn by the latest update of this report. For the sake of the same issue, these two direct lines of unconstitutionality must be analyzed by the same minister.

As published by the President of the Republic, Jair Bolsonaro came to be worth this fifth. In order not to lose the validation or the text, it must be approved by the National Congress in 120 days.

In this protocol, Rede Sustentabilidade affirms that MP restricts the responsibility of public agents to the moment when a flexibilização does not control two years of public administration – inexigibilidade de licitações, for example.

“Assim, a União, not a group of his ações, ends up allowing us to be injured or to be seriously injured,” he says.

Ainda second or party, “a shield of the public agent causes, in a reflexive way, or a systemic effect of numerous prejudices to society, to the extent that it will not need to adequately reflect on its decisions, it will not be a priori shielded to any pretense of responsibility, enough- I have alleged that it was not due to serious fault (erro grosseiro) ou dolo ”.

“Tem-se um verdadeiro prato cheio so that unlawful atuação (civil and administrative) of public agents can go unpunished,” says ainda or party.

For Rede, “it is precisely in contexts of crisis that most society wants transparency and correct and efficient management by the Public Administration.”

Specialists assess that the text is “obscure” and can be em “safe-conduct” for irregularities committed not period (see no video below).

The text says that the public agents submit power to be held accountable in the civil and administrative spheres to agirm ou omitirem com dolo (intention to cause damage) ou erro grosseiro pela practice of related, direct or indirectly, as the measures of confrontation of the emergency of Public health for the pandemic of Covid-19 fights against the economic and social effects of the pandemic.

To MP ainda foresees criteria to endorse it was ou não o erro:

• obstacles and difficulties you do public agent; Complexidade da matéria e attribuições exercidos hair public agent;
• circumstance of incompleteness of information in a situation of urgency or emergency;
• practical circumstances that we have imposed, limited or conditional upon the public agent’s omission;
• The context of uncertainty about the most appropriate measures to face the Covid-19 pandemic and its consequences, including economic ones.

Secondly, as unconstitutionality of Rede, the parameters “are extremely open and fluid, so as to make it difficult for two civil servants to take civil and administrative responsibility.”