STF judges the reach of the prohibition on nepotism in political positions
The Federal Supreme Court (STF) resumed, on Wednesday (19), the analysis of an appeal that debates whether the prohibition of nepotism should include political positions, such as municipal secretaries, state and ministers of state.
The discussion revolves around the legality of the appointment of spouses, companions and relatives of authorities up to the third degree to functions at the high level of the government. Since 2008, the Court prohibits the hiring of relatives up to 3rd degree for public office.
The case arose after the São Paulo Court of Justice (TJ-SP) invalidating a municipal law of Tupã (SP) that authorized this type of nomination. In the appeal presented, the defense argues that such appointments do not infringe the binding Precedent 13, which prevents nepotism.
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Because it is a trial with general repercussion, the STF’s decision will serve as a reference for similar cases in court. To date, the court has not yet completed the trial.
Mayor of Rio Branco appointed wife as chief of staff
Earlier this month, the mayor of Rio Branco, Tião Bocalom (PL), appointed his wife, Kelen Rejane Nunes Bocalom, to be chief of staff in the city. Kelen can receive up to $ 28,500 in office.
The appointment claims that the position is political and not administrative, which would not fit the summary of the Federal Supreme Court that deals with the appointment of relatives. The State Public Prosecution Service investigates the case to verify if it can be framed in case of nepotism.
Bocalom even said to Estadão column that the employee – his wife – will not be indispensable. “If you are not realizing it, she herself delivers the job.” Bocalom argued that the woman has the necessary curriculum for office, for heading the legal department of the State Department of Water and Sanitation of Acre (Depasa) between 2012 and 2021. “She gave the proper opinions. There were the biggest problems at this time and, thank God, with her there was absolutely nothing, ”followed Tião Bocalom.
