Acórdão do Tribunal de Justiça do Estado do Espírito Santo - CONSELHO DA MAGISTRATURA (Processo 0002502-10.2023.8.08.0000), 20/09/2023
Número do processo | 0002502-10.2023.8.08.0000 |
Data | 20 Setembro 2023 |
Data de publicação | 27 Setembro 2023 |
Classe processual | Recurso Administrativo |
Tribunal de Origem | TRIBUNAL DE JUSTIÇA DO ESPÍRITO SANTO |
RECURSO ADMINISTRATIVO DESVIO DE FUNÇÃO AUSÊNCIA DE COMPROVAÇÃO
FUNÇÕES INERENTES AO CARGO PAGAMENTO DE DIFERENÇAS SALARIAIS - IMPOSSIBILIDADE NEGADO PROVIMENTO.
1. Inexistem elementos probatórios capazes de demonstrar o alegado desvio de função, já que a requerente não colacionou aos autos quaisquer provas de que tenha exercido, de forma permanente, funções diversas daquelas inseridas no cargo em que tomara posse, tampouco que tenha recebido ordem de seu superior hierárquico para exercer funções diversas às inerentes ao cargo para o qual foi empossada, limitando-se a apresentar sua ficha funcional.
2. Escorreita a decisão da Presidência do e. Tribunal de Justiça do Espírito Santo, não se mostra possível deferir o pedido para reconhecer o desvio de função e determinar o pagamento das reclamadas diferenças salariais.
4. Recurso a que se nega provimento.
Conclusão
À unanimidade: Conhecido o recurso de LUIZA DA SILVA e não-provido.
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