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Justice guarantees reintegration of a health care government employee for two public positions

Justice Gilmar Mendes, of the Brazilian Federal Supreme Court (STF), accepted the accumulation of two public positions, with the workload of more than 60 hours per week, by a health professional. The decision, issued in the Ordinary Appeal of Writ of Mandamus (RMS) 34608, changed the decision of the Superior Court of Justice (STJ) that had prevented the accumulation of positions and denied the request for annulment of the dismissal of one of the charges.

Decision

According to Justice Gilmar Mendes, the decision of the STJ is not in agreement with the jurisprudence of the STF on the matter. He noted that the Federal Constitution allows for the accumulation of positions in the health area when there is compatibility of schedules and that item XVI of article 37 does not make any restriction on the workload of cumulative activities in view of the possibility of conciliation, nor does it require public agents to fill displacement, feeding and rest requirements. "The effective fulfillment of the respective working day - in each of the positions accumulated - constitutes a specific attribution of the responsible human resources department" he pointed out.

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