Programa Federativo de Enfrentamento ao Coronavírus é objeto de novas ações no STF

Foram ajuizadas no Supremo Tribunal Federal (STF) quatro ações diretas de inconstitucionalidade (ADIs) contra dispositivos da Lei Complementar (LC) 173/2020, que instituiu o Programa Federativo de Enfrentamento ao Coronavírus e estabeleceu a suspensão dos pagamentos das dívidas contratadas entre União, estados, Distrito Federal e municípios e as condicionantes em relação à gestão financeira dos entes federados. As ações foram distribuídas, por prevenção, ao ministro Alexandre de Moraes, relator de outras ações que contestam a mesma norma.

Proibição de reajuste

Nas ADIs 6525, 6526 e 6542, o partido Podemos, a Associação Nacional dos Procuradores dos Estados e do Distrito Federal (Anape) e a Associação Nacional dos Delegados de Polícia Judiciária (ADPJ), respectivamente, questionam os artigos 7º e 8º da lei. Os dispositivos proíbem concessão de reajustes para servidores públicos e estabelecem o congelamento da contagem do tempo de serviço para fins de adicionais por tempo até 31/12/2021. Os autores das ações alegam violação aos princípios constitucionais da irredutibilidade remuneratória do funcionalismo público, do direito adquirido e da manutenção do valor e poder de compra. Apontam ainda afronta à prerrogativa do Executivo para iniciativa do processo legislativo que trata do regime jurídico dos seus servidores, pois a LC 173/2020 se originou de proposta do senador Antônio Anastasia (PSD-MG).

Contribuição previdenciária dos municípios

Na ADI 6541, a Associação Nacional de Entidades de Previdência dos Estados e Municípios (Aneprem) contesta o parágrafo 2º do artigo 9º da norma, que suspende o recolhimento das contribuições previdenciárias patronais dos municípios com vencimento entre 1º/3 e 31/12/2020 devidas aos respectivos regimes próprios, desde que autorizada por lei municipal específica. Segundo a entidade, o artigo 40 da Constituição Federal é claro ao afirmar que o regime próprio de previdência social dos servidores efetivos tem caráter contributivo e solidário, mediante contribuição do respectivo ente federativo, de servidores ativos, de aposentados e de pensionistas, observados critérios que preservem o equilíbrio financeiro e atuarial.

Na avaliação da Aneprem, não é possível que o sistema venha a ser custeado apenas pelas contribuições dos servidores ativos e dos aposentados e pensionistas, ainda que por prazo determinado. “A suspensão do recolhimento da contribuição patronal transfere o custeio do sistema diretamente para a sociedade, seja pela cobertura das insuficiências financeiras seja pelo custeio dos juros e correção monetária decorrentes do pagamento posterior das mesmas”, argumenta.

Relevância

Diante da relevância da matéria tratada na ação e de seu especial significado para a ordem social e a segurança jurídica, o ministro Alexandre de Moraes adotou nas ADIs 6525 e 6526 o rito do artigo 12 da Lei 9.868/1999, que faculta ao relator submeter o processo diretamente ao Pleno do Tribunal, para julgamento definitivo. Para tanto, determinou a solicitação de informações, a serem prestadas pelo presidente da República e pelo Congresso Nacional no prazo de dez dias, e, em seguida, a remessa dos autos ao advogado-geral da União e ao procurador-geral da República, sucessivamente, no prazo de cinco dias, para manifestação.

RP/AS//CF

 

Fonte: http://www.stf.jus.br/portal/cms/verNoticiaDetalhe.asp?idConteudo=450695
Todas as informações contidas nesta página são de responsabilidade do seu criador.

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