Administrativo e Constitucional
Autor | Jirair Aram Meguerian |
Páginas | 75-77 |
Page 75
Constitucional. Administrativo. Posse em concurso público. Acumulação de cargos públicos na área de saúde. Possibilidade condicionada à compatibilidade de horários. Art. 37, XVI, da CF e art. 118, § 2°, da Lei 8.112/1990. I. Pretendem as apelantes a posse no cargo de técnico de enfermagem, submetido à jornada de 40 horas semanais acumulando-o com o cargo de técnico em enfermagem, no qual laboram em regime de 24 horas de trabalho e 40 horas semanais respectivamente. II. Não havendo norma legal regulamentando a carga horária passível de acumulação, não pode a garantia constitucional ser afastada por mera interpretação
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da Administração, em parecer, inclusive, emitido em hipótese diversa. III. A acumulação de cargos públicos é condicionada à compatibilidade de horários, nos termos do art. 37, XVI, da CF e do art. 118, § 2°, da Lei 8.112/1990, aplicável no âmbito federal. IV. Fixado o fundamento do ato administrativo exclusivamente sobre o total da carga horária semanal, que na soma ultrapassaria as 60 (sessenta) horas, não cabe discutir ou exigir comprovação de compatibilidade de horários. V. Apelação provida. Segurança concedida.
(TRF -1 a. Reg. - Apelação em Mand. de Segurança n. 2009.34.00.028518-7/DF - 6a. T. - Ac. unânime - Rei.: Des. Federal Jirair Aram Meguerian - Fonte: e-DJF1,25.04.2012).
Administrativo. Agravo regimental no agravo em recurso especial. Decreto n° 3.298/99. Redação do Decreto n° 5.296/04. Deficiência auditiva unilateral. Reserva de vaga aos portadores de necessidades especiais concedida. Possibilidade. Recurso não provido. 1. A reserva de vagas aos portadores de necessidades especiais...
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