Aprendizado
Supreme Court gives special retirement for teachers in leadership positions
Friday, 31 October 2008 - 9:16 pm. Leave a comment.
The Federal Supreme Court (STF) concluded the judgment of the Direct Action of Unconstitutionality 3772, proposed against Article 1 of Federal Law 11.301/06, which established special retirement for education specialists engaged toward school unity, coordination and pedagogical advice.
The decision granted the benefit of the special retirement activities under discussion since exercised by teachers. The matter went to trial with the presentation of vote-view of Justice Eros Grau, who accompanied the divergence inaugurated by minister Ricardo Lewandowski. They, together with the ministers Marcus Aurelius, Celso de Mello, Cezar Peluso and Menezes Law formed the majority and voted to give constitutional interpretation that does not withdraw the benefit of the special retirement of other categories of education professionals.
"I interpret this text in order to say that the time of service by the teacher in the exercise function of direction of school unity and coordination and advisory teaching can not be conceived as duty outside the classroom," the minister considered Eros Degree vote read in today's session.
On the matter, the rapporteur, Minister Carlos Ayres Britto, had already pronounced. He said that when dealing with money, the Constitution (paragraph 5 of Article 40 and paragraph 8 of Article 201) uses the word teacher and not the "open phrasing" education professionals.
For him, the Constitution requires that the teacher is dedicated exclusively to teaching functions to be eligible for special retirement. "I do not want to empty classrooms, where teachers want to carry on his true vocation," he said.
However, Ayres Britto was defeated along with the ministers Joaquim Barbosa and Carmen Lucia Antunes Rocha, who voted for the overall merits of the action. Minister Ellen Gracie was also overruled, but she understood to be totally unfounded, the ADI
Thus, most of the ministers voted for partial action, in order to provide interpretation according to the Constitution, guaranteeing special retirement benefit, since the positions of directors, coordinators and pedagogical advisors are exercised by teachers.
Precedent 726
In exercise of the Presidency of the Supreme Vice President, Minister Cezar Peluso, noted that the decision opened a caveat to Sumula 726 the Court, that "for purposes of retirement special teachers do not compute the length of service outside classroom, except the director. "
Source: STF
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Aprendizado
Supreme Court gives special retirement for teachers in leadership positions
Friday, 31 October 2008 - 9:16 pm. Leave a comment.
The Federal Supreme Court (STF) concluded the judgment of the Direct Action of Unconstitutionality 3772, proposed against Article 1 of Federal Law 11.301/06, which established special retirement for education specialists engaged toward school unity, coordination and pedagogical advice.
The decision granted the benefit of the special retirement activities under discussion since exercised by teachers. The matter went to trial with the presentation of vote-view of Justice Eros Grau, who accompanied the divergence inaugurated by minister Ricardo Lewandowski. They, together with the ministers Marcus Aurelius, Celso de Mello, Cezar Peluso and Menezes Law formed the majority and voted to give constitutional interpretation that does not withdraw the benefit of the special retirement of other categories of education professionals.
"I interpret this text in order to say that the time of service by the teacher in the exercise function of direction of school unity and coordination and advisory teaching can not be conceived as duty outside the classroom," the minister considered Eros Degree vote read in today's session.
On the matter, the rapporteur, Minister Carlos Ayres Britto, had already pronounced. He said that when dealing with money, the Constitution (paragraph 5 of Article 40 and paragraph 8 of Article 201) uses the word teacher and not the "open phrasing" education professionals.
For him, the Constitution requires that the teacher is dedicated exclusively to teaching functions to be eligible for special retirement. "I do not want to empty classrooms, where teachers want to carry on his true vocation," he said.
However, Ayres Britto was defeated along with the ministers Joaquim Barbosa and Carmen Lucia Antunes Rocha, who voted for the overall merits of the action. Minister Ellen Gracie was also overruled, but she understood to be totally unfounded, the ADI
Thus, most of the ministers voted for partial action, in order to provide interpretation according to the Constitution, guaranteeing special retirement benefit, since the positions of directors, coordinators and pedagogical advisors are exercised by teachers.
Precedent 726
In exercise of the Presidency of the Supreme Vice President, Minister Cezar Peluso, noted that the decision opened a caveat to Sumula 726 the Court, that "for purposes of retirement special teachers do not compute the length of service outside classroom, except the director. "
Source: STF
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