The Attorney General's Office of the State of Rio argued that article 17 violates article 77, XVI, of the Rio de Janeiro Constitution, which reads as follows: "the pecuniary increases received by public servants shall not be computed or accumulated, for the purpose of granting increases others, under the same title or the same basis."
In defense of the rule, the Legislative Assembly of Rio maintained that the benefits have a different nature, which rules out the supposed cascade effect alleged by the PGE-RJ.
The rapporteur of the case, Judge Nagib Slaibi Filho, pointed out that the additional payments are different and do not violate the Constitution of Rio. The other, due to the automatic progression over time, is an advantage resulting from the structuring of the autarchy's career framework.
In addition, the magistrate pointed out that Law 4.799/2006 has no vice of initiative as it was proposed by Alerj, not by the governor. According to him, the exclusive competence of the head of the Executive must be interpreted restrictively to matters that deal exclusively with the creation and extinction of the secretariats and bodies of that Power. And the Legislature can deal with the organization of the state and its autarchies, he said.
Source: Conjur
