27/03/2013
Plenary certificate requirement excludes the Labor Court Autor: Agência CNJ de notícias
Unanimous decision by the National Council of Justice (CNJ), at its regular meeting last Tuesday (19/3), dropped the requirement of the certificate of the Labor Court for the nominations committee or in positions of trust functions in the Brazilian courts. The obligation contained in Resolution no. 156, edited by CNJ in August last year to establish a Clean Sheet in the Judiciary. Prevailed understanding counselor Lucio Muñoz, who does not meet the requirement to the list of assumptions that prevent designations.
The decision was made in consultation 0006709-61.2012.2.00.0000, moved by the Regional Electoral Tribunal of the Holy Spirit (TRE / ES) and reported on by CNJ Munhoz. The court argued that the procedure, to perform search on the website of the Labour Court, found the existence of two certificates: the Debt Clearance Certificate Work (CNDT) Clearance Certificate and Labor Shares (CEAT). The TRE / ES argued that the documents "a priori no correlation with crimes guard posted in Articles 1 and 2 of resolution." For this reason, decided to send the following to CNJ questioning: "What if, described in Articles 1 and 2 of Resolution n CNJ. 156/2012 is affection to the Labour Court? And what would be the required certificate? ".
Article 1 of Resolution no. 156 prohibits the appointment to positions of trust or appointment to office in person convicted of commission decision or final judgment rendered by a collegiate body, in cases of administrative misconduct and crimes against public administration, public safety, public faith, heinous, committed by a criminal organization, money laundering and die election.
Article 2 of the standard, in turn, also restricts the appointment of those who committed acts that led to the loss of public office or position, have been excluded from the profession, by court or administrative body competent professional or have had the accounts for the performance of duties or functions rejected by public act of administrative misconduct.
For the counselor, the certificates of the Labour Court does not prove the practices described in Articles 1 and 2 of Resolution no. 156. "From the description of the crimes listed, I do not see that any of the infractions listed here may be the result of condemnation coming from the Labor Court, why the certificate is unnecessary," said Lucio Muñoz.
In this sense, the counselor determined the deletion of paragraph "d" of item I, paragraph 1 of Article 5 of the Resolution establishing the requirement. He also determined changes in item V of the same device that the courts also require the passing of the "courts" in which the server has acted in the past decade about the eventual resignation or dismissal of public service as well.
"It's musty that in the process of standards development, the legislator seeks, as in the case of Res. 156/2012, encompass the various hypotheses in order to avoid gaps, while at the time of your application, there is a no need for any device, under other assumptions already contemplate the situation to be achieved. So, I understand that the referenced device can be excluded from regulatory advisor for this Council at the lack of practical effect to the objective collimated, "the decision said.
The counselor also answered another question of TRE / ES on the 90-day period imposed by resolution n. 156 for the courts recadastrassem current officeholders servers in commission or bonus function, for submission of required documents. The court asked what would be the best time to perform the procedure. "It should be done by the court in the manner set out therein and in the intervals he deems necessary, as it is inserted in the list of matters of its competence and autonomy," said Muñoz.
Giselle Souza
CNJ News Agency
