Aprendizado
TREATMENT isonomic teacher 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 standards for each subject or sector, 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, such principles can also be considered legal principles of the Brazilian Public Administration.
Has, therefore, that the public authority is not given the power to create situations that may yet tested, but without the magic power of legality, to remove the holder of a subjective right to your lídimo exercise. She is bound to the principle of legality. You can only do what the law permits, without fly the principle of legality, whose field of action only to particular races. Anyway, the authority may only act in strict harvest of legality. For lawful is what the law does not prohibit; however, the authority for this is not enough, it is necessary that the law authorizes him to practice. Then yes you can act. Out of it is abuse of power and authority.
Meanwhile, Carmen Lucia Antunes Rocha (1994, p. 33) warns that "administrative impersonality is broken, outraging to legal-administrative principiologia, when the reason that leads to a practice by the public authority is not a legal reason based in the public interest, but in the particular interest of the author. "
Therefore forced to conclude that the principle of impersonality has a strong bond with the Principle of Equality or equality which requires that all people be treated equally by the Public Administration, though, we see that the maximum Aristotelian should be observed. Ie the impersonality translates in search isonomic treatment to be given to all who administered in identical legal situation.
SECRETARY OF STATE FOR SCIENCE AND TECHNOLOGY ANNEX VIII
FOUNDATION SUPPORT TECHNICAL SCHOOL
ACT OF PRESIDENT
ORDINANCE PR / FAETEC # 322 OF AUGUST 11, 2011
MAKES A PUBLIC LIST OF SERVERS
ASSETS COVERED BY LAW No. 5766/2010, AS AMENDED BY LAW NO 5974/2011 THAT ARE TRANSFERRED, AND THEIR ROLES FOR PERMANENT STAFF OF FAETEC and other measures.
THE PRESIDENT OF THE FOUNDATION TO SUPPORT TECHNICAL SCHOOL, using the legal powers conferred upon them by legislation and in accordance with the Administrative Proceeding 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.
- The Ordinance PR / FAETEC No. 313 of 20 June 2011 laying down rules for framing the permanent staff of the Support Technical College Foundation - FAETEC of positions transferred from the structure of the State Department of Education - SEEDUC, and other measures.
RESOLVE:
Art 1 -. Making 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 remain in the frame of the Secretary of State of Education - SEEDUC, according to the rule of art. 2 of Law No. 5766/2010, amended by Law No. 5974/2011.
Sole Paragraph - The servers listed in relation attached to this ordinance shall be transferred, as well as their positions for Permanent Employees of FAETEC.
Art. 2 - The Special Committee on the Framework, established in accordance to 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.
Art. 3 - This Ordinance shall enter into force on the date of its publication.
ANNEX
LIST OF SERVERS COVERED BY LAW No. 5766/2010 AMENDED BY LAW NO 5974/2011, opting NOT STAY IN THE TABLES IN SEEDUC.
MATR NAME TITLE
00382390 Adaia NETO TEACHER EDUCATION ADVISOR
01128297 Adaia NETO TEACHER EDUCATION ADVISOR
01219906 CYNTIA MUYLAERT R. DE CASTRO SUPERVISOR TEACHER EDUCATION - I
AMELIA Armond 01120575 LINDA FIELDS TEACHER EDUCATION SUPERVISOR I
01068147 ROSEMARY PEREIRA MARTINS 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 name of office as the staff SEEDUC that were framed, if the Directors of FAETEC not recognize the rights of equality servers to fit Injunction (MS) to ensure the right.
When I see the term misused was transferred because there is no more transfers in the current Public Administration, if the appellation keep the whole process will be unconstitutional.
Appointments to the positions FORMS OF PUBLIC
The Filling is the filling of public office
Originally, it presupposes the absence of a prior legal relationship maintained between the server and the Administration.
The only way for Providing Originating is the appointment that can be held in Effective character or positions of Committee on Provision.
• Appointment - Effective Role: requires the approval of tender evidence or evidence and Titles - we know that the approval procedure does not motivate the RIGHT ACQUIRED THE APPOINTMENT.
Derivative: The derivative forms for filling public offices, derive from an earlier link 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 STF, 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 lower position and consequently the provision of higher office.
• 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 Active Server Service retired on disability when unsubsistent the reasons for retirement - it can happen to the same position if it is still vacant or another similar.
• If there is no vacant position, the server that will reverse as SURPLUS.
Utilization: is the return to Active Server Service that was in and was tapped availability - must be held in position similar to that previously occupied.
• The Administration should undertake the use of priority, even before performing competition for that position.
Reintegration: the return to Active Server Service that was dismissed when the dismissal is overturned administratively or judicially, returning to the same post he held previously.
• 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 previously occupied, the server was unsuccessful probation in another position for which he was named 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 norm. Was deemed unconstitutional.
• Ascension: the mode was deemed unconstitutional - was the passing from one career to another.
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Aprendizado
TREATMENT isonomic teacher 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 standards for each subject or sector, 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, such principles can also be considered legal principles of the Brazilian Public Administration.
Has, therefore, that the public authority is not given the power to create situations that may yet tested, but without the magic power of legality, to remove the holder of a subjective right to your lídimo exercise. She is bound to the principle of legality. You can only do what the law permits, without fly the principle of legality, whose field of action only to particular races. Anyway, the authority may only act in strict harvest of legality. For lawful is what the law does not prohibit; however, the authority for this is not enough, it is necessary that the law authorizes him to practice. Then yes you can act. Out of it is abuse of power and authority.
Meanwhile, Carmen Lucia Antunes Rocha (1994, p. 33) warns that "administrative impersonality is broken, outraging to legal-administrative principiologia, when the reason that leads to a practice by the public authority is not a legal reason based in the public interest, but in the particular interest of the author. "
Therefore forced to conclude that the principle of impersonality has a strong bond with the Principle of Equality or equality which requires that all people be treated equally by the Public Administration, though, we see that the maximum Aristotelian should be observed. Ie the impersonality translates in search isonomic treatment to be given to all who administered in identical legal situation.
SECRETARY OF STATE FOR SCIENCE AND TECHNOLOGY ANNEX VIII
FOUNDATION SUPPORT TECHNICAL SCHOOL
ACT OF PRESIDENT
ORDINANCE PR / FAETEC # 322 OF AUGUST 11, 2011
MAKES A PUBLIC LIST OF SERVERS
ASSETS COVERED BY LAW No. 5766/2010, AS AMENDED BY LAW NO 5974/2011 THAT ARE TRANSFERRED, AND THEIR ROLES FOR PERMANENT STAFF OF FAETEC and other measures.
THE PRESIDENT OF THE FOUNDATION TO SUPPORT TECHNICAL SCHOOL, using the legal powers conferred upon them by legislation and in accordance with the Administrative Proceeding 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.
- The Ordinance PR / FAETEC No. 313 of 20 June 2011 laying down rules for framing the permanent staff of the Support Technical College Foundation - FAETEC of positions transferred from the structure of the State Department of Education - SEEDUC, and other measures.
RESOLVE:
Art 1 -. Making 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 remain in the frame of the Secretary of State of Education - SEEDUC, according to the rule of art. 2 of Law No. 5766/2010, amended by Law No. 5974/2011.
Sole Paragraph - The servers listed in relation attached to this ordinance shall be transferred, as well as their positions for Permanent Employees of FAETEC.
Art. 2 - The Special Committee on the Framework, established in accordance to 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.
Art. 3 - This Ordinance shall enter into force on the date of its publication.
ANNEX
LIST OF SERVERS COVERED BY LAW No. 5766/2010 AMENDED BY LAW NO 5974/2011, opting NOT STAY IN THE TABLES IN SEEDUC.
MATR NAME TITLE
00382390 Adaia NETO TEACHER EDUCATION ADVISOR
01128297 Adaia NETO TEACHER EDUCATION ADVISOR
01219906 CYNTIA MUYLAERT R. DE CASTRO SUPERVISOR TEACHER EDUCATION - I
AMELIA Armond 01120575 LINDA FIELDS TEACHER EDUCATION SUPERVISOR I
01068147 ROSEMARY PEREIRA MARTINS 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 name of office as the staff SEEDUC that were framed, if the Directors of FAETEC not recognize the rights of equality servers to fit Injunction (MS) to ensure the right.
When I see the term misused was transferred because there is no more transfers in the current Public Administration, if the appellation keep the whole process will be unconstitutional.
Appointments to the positions FORMS OF PUBLIC
The Filling is the filling of public office
Originally, it presupposes the absence of a prior legal relationship maintained between the server and the Administration.
The only way for Providing Originating is the appointment that can be held in Effective character or positions of Committee on Provision.
• Appointment - Effective Role: requires the approval of tender evidence or evidence and Titles - we know that the approval procedure does not motivate the RIGHT ACQUIRED THE APPOINTMENT.
Derivative: The derivative forms for filling public offices, derive from an earlier link 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 STF, 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 lower position and consequently the provision of higher office.
• 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 Active Server Service retired on disability when unsubsistent the reasons for retirement - it can happen to the same position if it is still vacant or another similar.
• If there is no vacant position, the server that will reverse as SURPLUS.
Utilization: is the return to Active Server Service that was in and was tapped availability - must be held in position similar to that previously occupied.
• The Administration should undertake the use of priority, even before performing competition for that position.
Reintegration: the return to Active Server Service that was dismissed when the dismissal is overturned administratively or judicially, returning to the same post he held previously.
• 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 previously occupied, the server was unsuccessful probation in another position for which he was named 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 norm. Was deemed unconstitutional.
• Ascension: the mode was deemed unconstitutional - was the passing from one career to another.
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