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Accumulation of positions as provided for in the Constitution is subjected only to the compatibility of schedules

03/25/2020

By majority, the plenary session of the Brazilian Federal Supreme Court (STF), in a virtual session, reaffirmed the jurisprudence on the possibility of accumulation of remunerated public positions as provided in the Federal Constitution when there is compatibility of schedules, even if the weekly hours are limited by infra-constitutional rule. The decision was made in the analysis of the Extraordinary Appeal with Bill of Review (ARE) 1246685, which had general repercussion recognized (Theme 1081).

Accumulation

In this case, the Union appealed a decision of the Federal Regional Court of the 2nd Region (TRF-2) that allowed a health professional to accumulate two public positions, one with 30 weekly hours and the other with 40 weekly hours. In the ARE, the Union claimed that it would be impossible for the professional to work 70 hours per week, because there would be overlap of schedules or excessive workload, with losses to the servant.

Criteria

The rapporteur, Justice Dias Toffoli, Chief Justice of the STF, noted that article 37, item XVI of the Federal Constitution allows the accumulation of two paid positions of teacher, or one position of teacher and another technical or scientific, or two private positions or jobs of health professionals. The condition is that there be compatibility of schedules and observance of the salary ceiling per federative body.

Thesis

The following thesis was approved by the majority of the judges of Theme 1.081: "The exceptional hypotheses authorizing the accumulation of public positions as provided in the Federal Constitution are subjected only to the existence of compatibility of schedules, verified in the specific case, even if there is an infra-constitutional rule that limits the weekly hours".

The decision to reaffirm the jurisprudence was approved by majority.

RP/AS//CF - CG/FB/GL

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