Aprendizado
Isonomic treatment educator TEACHER NETWORK FAETEC
The organs and entities of the direct and indirect administration in carrying out the activities that concern them are governed by rules. In addition to the specific rules for each field or industry, there are general principles that inform large fields. Are the principles of administrative law. Given that the activities of the public administration are governed mainly by administrative law, these principles can also be considered the legal principles of Brazilian Public Administration.
It has, therefore, that the public authority will not been given the power to create situations, though perhaps tested, but without the magic power of legality, to remove the holder of a subjective right of his lídimo exercise. It is attached to the principle of legality. You can only do what the law permits, without flying the principle of legality, whose field of action only to particular races. Anyway, the authority can only act in strict harvest of legality. For the lawful is what the law does not prohibit, but to the authority that is not enough, we need to allow him to practice law. Then yes you can act. Out is abuse of power, authority.
Meanwhile, Carmen Lúcia Rocha Antunes (1994, p. 33) warns that "administrative impersonality is broken, outraging to principiologia legal-administrative, when the reason that leads to a practice by the public entity is not a legal reason based in the public interest, but in the particular interest of the author. "
Therefore be concluded that the principle of impersonality has a strong bond with the Principle of Equality or equality requires that all people be treated equally by the public, though, we see that the Aristotelian maxim should be observed. Ie the impersonality translates into search isonomic treatment to be given to all who are administered in the same legal situation.
SECRETARY OF STATE FOR SCIENCE AND TECHNOLOGY ANNEX VIII
FOUNDATION SUPPORT TECHNICAL SCHOOL
ACT OF THE PRESIDENT
ORDINANCE PR / FAETEC # 322 ON 11 AUGUST 2011
MAKES A PUBLIC LIST OF SERVERS
ASSETS UNDER THE LAW No. 5766/2010, AS AMENDED BY LAW No. 5974/2011, THAT ARE TRANSFERRED, AND THEIR POSITIONS FOR TABLE OF PERMANENT STAFF FAETEC AND GIVE OTHER ACTION.
THE PRESIDENT OF THE FOUNDATION TO SUPPORT TECHNICAL SCHOOL, using the legal powers conferred upon them by law and in accordance with the Administrative Procedure No. E-26/36.729/2011,
WHEREAS:
- Law No. 5766, of June 29, 2010, which transfers the structure positions the State Department of Education - SEEDUC for Foundation Support Technical College of the State of Rio de Janeiro -
FAETEC and other provisions, as amended by Law No. 5974 of May 20, 2011.
- Ordinance PR / FAETEC No. 313 of 20 June 2011 laying down rules for framing the permanent staff of the Foundation for the Support of Technical School - FAETEC of positions transferred from the structure of the State Department of Education - SEEDUC, and other measures.
RESOLVE:
Art 1st - Make public the list of active employees covered by Law No. 5766/2010, amended by Law No. 5974/2011, who have not exercised until July 8, 2011, the right to choose to stay in the framework of the Secretary of State of Education - SEEDUC, the device according to Art. 2 of Law No. 5766/2010, amended by Law No. 5974/2011.
Sole Paragraph - The servers contained in the attached list are transferred to this Ordinance, as well as their positions to the Permanent Personnel FAETEC.
Article 2 - The Special Committee on the Framework, established in accordance with art. 2 of Ordinance PR / FAETEC No. 313 of June 20, 2011, adopt procedures for the enforcement of the provisions of art. 3 of Law No. 5766/2010, amended by Law No. 5974/2011.
Article 3 - This Regulation shall enter into force on the date of its publication.
ANNEX
LIST OF SERVERS COVERED BY LAW No. 5766/2010 AS AMENDED BY LAW No. 5974/2011, opting NOT STAY IN THE TABLES OF SEEDUC.
MATR NAME POSITION
00382390 Adaia NETO TEACHER EDUCATION ADVISOR
01128297 Adaia NETO TEACHER EDUCATION ADVISOR
01219906 CYNTIA MUYLAERT R. CASTRO OF TEACHER EDUCATION ADVISOR - I
01120575 LINDA AMELIA CAMPOS Armond TEACHER EDUCATION SUPERVISOR I
01068147 ROSEMARY MARTINS PEREIRA TEACHER EDUCATION ADVISOR
Rio de Janeiro, August 11, 2011
CELSO Pansera
President
http://www.faetec.rj.gov.br/divrh/images/docs/port_322_seeduc_faetec.pdf
As we can see, the Principle of Equality was injured because employees FAETEC received no treatment and designation of office as the staff were framed SEEDUC that if the Administration FAETEC not recognize the rights of equality servers to fit Injunction ( MS) to ensure the right.
In my view the term was misused transferred because there is no current transfers in Public Administration, if maintained throughout the designation process is unconstitutional.
Forms of provision OF PUBLIC OFFICE
The Provision is filling the office
Originally, it presupposes the absence of a legal relationship maintained between the previous and the Administration Server.
The only way for Providing Originating is the appointment, which can be performed on an Effective Provision of or positions in the Commission.
• Appointment - Effective Role: requires the approval of a public proof or evidence and Titles - know that the approval does not motivate the contest RIGHTS ACQUIRED THE APPOINTMENT.
Derivative: The derivative forms for filling public positions, derived from a previous connection between Server and Administration.
• Promotion
• Redeployment
• Reversal
• Utilization
• Reintegration
• Renewal
The server can progress in the same career, the various levels of the same career. Given the understanding of the Supreme Court, it was understood that Ascension Functional and Transfer are unconstitutional.
Promotion: is the elevation of a server from one class to another within the same career. Thus, there was a vacancy in a position lower and consequently the post is filled up.
• Career: is the grouping of classes of positions in the same activity
Rehabilitation: is the gateway server to another position consistent with the physical disability he may present.
Reversal: is the return to service Active Server disability retiree when unsubsistent reasons for retirement - it can happen for the same position if it is vacant or another similar.
• If there is no vacancy, the server that will reverse as SURPLUS.
Utilization: is the return to service Active Server that was in availability and was tapped - must be held in position similar to that previously occupied.
• Management should make the use of a priority, even before performing contest for that office.
Reintegration: is the return to service Active Server that was dismissed when the dismissal is canceled administratively or judicially, returning to the same position he previously occupied.
• Gives up with the compensation of all the advantages that the server failed to receive during the period he was away.
Renewal: is the return to the position formerly occupied, the server was not successful in probation from another position to which he was appointed as a result of another contest.
Unconstitutional:
• Transfer: It was the passage of a server from one frame to another within the same power, it was also a form of vacancy and filling. It implied a change from one frame to another, injuring a constitutional. Was deemed unconstitutional.
• Rise: the mode was deemed unconstitutional - was the passing from one career to another.
José Luiz Teixeira da Silva, Specialist in Public Law.
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Aprendizado
Isonomic treatment educator TEACHER NETWORK FAETEC
The organs and entities of the direct and indirect administration in carrying out the activities that concern them are governed by rules. In addition to the specific rules for each field or industry, there are general principles that inform large fields. Are the principles of administrative law. Given that the activities of the public administration are governed mainly by administrative law, these principles can also be considered the legal principles of Brazilian Public Administration.
It has, therefore, that the public authority will not been given the power to create situations, though perhaps tested, but without the magic power of legality, to remove the holder of a subjective right of his lídimo exercise. It is attached to the principle of legality. You can only do what the law permits, without flying the principle of legality, whose field of action only to particular races. Anyway, the authority can only act in strict harvest of legality. For the lawful is what the law does not prohibit, but to the authority that is not enough, we need to allow him to practice law. Then yes you can act. Out is abuse of power, authority.
Meanwhile, Carmen Lúcia Rocha Antunes (1994, p. 33) warns that "administrative impersonality is broken, outraging to principiologia legal-administrative, when the reason that leads to a practice by the public entity is not a legal reason based in the public interest, but in the particular interest of the author. "
Therefore be concluded that the principle of impersonality has a strong bond with the Principle of Equality or equality requires that all people be treated equally by the public, though, we see that the Aristotelian maxim should be observed. Ie the impersonality translates into search isonomic treatment to be given to all who are administered in the same legal situation.
SECRETARY OF STATE FOR SCIENCE AND TECHNOLOGY ANNEX VIII
FOUNDATION SUPPORT TECHNICAL SCHOOL
ACT OF THE PRESIDENT
ORDINANCE PR / FAETEC # 322 ON 11 AUGUST 2011
MAKES A PUBLIC LIST OF SERVERS
ASSETS UNDER THE LAW No. 5766/2010, AS AMENDED BY LAW No. 5974/2011, THAT ARE TRANSFERRED, AND THEIR POSITIONS FOR TABLE OF PERMANENT STAFF FAETEC AND GIVE OTHER ACTION.
THE PRESIDENT OF THE FOUNDATION TO SUPPORT TECHNICAL SCHOOL, using the legal powers conferred upon them by law and in accordance with the Administrative Procedure No. E-26/36.729/2011,
WHEREAS:
- Law No. 5766, of June 29, 2010, which transfers the structure positions the State Department of Education - SEEDUC for Foundation Support Technical College of the State of Rio de Janeiro -
FAETEC and other provisions, as amended by Law No. 5974 of May 20, 2011.
- Ordinance PR / FAETEC No. 313 of 20 June 2011 laying down rules for framing the permanent staff of the Foundation for the Support of Technical School - FAETEC of positions transferred from the structure of the State Department of Education - SEEDUC, and other measures.
RESOLVE:
Art 1st - Make public the list of active employees covered by Law No. 5766/2010, amended by Law No. 5974/2011, who have not exercised until July 8, 2011, the right to choose to stay in the framework of the Secretary of State of Education - SEEDUC, the device according to Art. 2 of Law No. 5766/2010, amended by Law No. 5974/2011.
Sole Paragraph - The servers contained in the attached list are transferred to this Ordinance, as well as their positions to the Permanent Personnel FAETEC.
Article 2 - The Special Committee on the Framework, established in accordance with art. 2 of Ordinance PR / FAETEC No. 313 of June 20, 2011, adopt procedures for the enforcement of the provisions of art. 3 of Law No. 5766/2010, amended by Law No. 5974/2011.
Article 3 - This Regulation shall enter into force on the date of its publication.
ANNEX
LIST OF SERVERS COVERED BY LAW No. 5766/2010 AS AMENDED BY LAW No. 5974/2011, opting NOT STAY IN THE TABLES OF SEEDUC.
MATR NAME POSITION
00382390 Adaia NETO TEACHER EDUCATION ADVISOR
01128297 Adaia NETO TEACHER EDUCATION ADVISOR
01219906 CYNTIA MUYLAERT R. CASTRO OF TEACHER EDUCATION ADVISOR - I
01120575 LINDA AMELIA CAMPOS Armond TEACHER EDUCATION SUPERVISOR I
01068147 ROSEMARY MARTINS PEREIRA TEACHER EDUCATION ADVISOR
Rio de Janeiro, August 11, 2011
CELSO Pansera
President
http://www.faetec.rj.gov.br/divrh/images/docs/port_322_seeduc_faetec.pdf
As we can see, the Principle of Equality was injured because employees FAETEC received no treatment and designation of office as the staff were framed SEEDUC that if the Administration FAETEC not recognize the rights of equality servers to fit Injunction ( MS) to ensure the right.
In my view the term was misused transferred because there is no current transfers in Public Administration, if maintained throughout the designation process is unconstitutional.
Forms of provision OF PUBLIC OFFICE
The Provision is filling the office
Originally, it presupposes the absence of a legal relationship maintained between the previous and the Administration Server.
The only way for Providing Originating is the appointment, which can be performed on an Effective Provision of or positions in the Commission.
• Appointment - Effective Role: requires the approval of a public proof or evidence and Titles - know that the approval does not motivate the contest RIGHTS ACQUIRED THE APPOINTMENT.
Derivative: The derivative forms for filling public positions, derived from a previous connection between Server and Administration.
• Promotion
• Redeployment
• Reversal
• Utilization
• Reintegration
• Renewal
The server can progress in the same career, the various levels of the same career. Given the understanding of the Supreme Court, it was understood that Ascension Functional and Transfer are unconstitutional.
Promotion: is the elevation of a server from one class to another within the same career. Thus, there was a vacancy in a position lower and consequently the post is filled up.
• Career: is the grouping of classes of positions in the same activity
Rehabilitation: is the gateway server to another position consistent with the physical disability he may present.
Reversal: is the return to service Active Server disability retiree when unsubsistent reasons for retirement - it can happen for the same position if it is vacant or another similar.
• If there is no vacancy, the server that will reverse as SURPLUS.
Utilization: is the return to service Active Server that was in availability and was tapped - must be held in position similar to that previously occupied.
• Management should make the use of a priority, even before performing contest for that office.
Reintegration: is the return to service Active Server that was dismissed when the dismissal is canceled administratively or judicially, returning to the same position he previously occupied.
• Gives up with the compensation of all the advantages that the server failed to receive during the period he was away.
Renewal: is the return to the position formerly occupied, the server was not successful in probation from another position to which he was appointed as a result of another contest.
Unconstitutional:
• Transfer: It was the passage of a server from one frame to another within the same power, it was also a form of vacancy and filling. It implied a change from one frame to another, injuring a constitutional. Was deemed unconstitutional.
• Rise: the mode was deemed unconstitutional - was the passing from one career to another.
José Luiz Teixeira da Silva, Specialist in Public Law.
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