Aposentadoria compulsória antes dos 70 anos é inconstitucional, decide TJ-RS
O Estado do Rio Grande do Sul não pode determinar a aposentadoria compulsória de servidores com menos de 70 anos de idade, sob pena de violar a Constituição e toda legislação a respeito do assunto. Este é o teor da decisão proferida pelo Órgão Especial do Tribunal de Justiça do Rio Grande do Sul, na sessão de 18 de agosto.
Ao julgar o mérito de um Mandado de Segurança contra ato do governador, que mandou aposentar um investigador de polícia aos 65 anos, a maioria do colegiado se alinhou à tese da inconstitucionalidade do artigo 1º, inciso I, da Lei Complementar 51/1985, na redação que lhe deu o artigo 2º da Lei Complementar 144/2014. Motivo: o dispositivo, que embasou o ato oficial de aposentadoria, violou o artigo 40, parágrafo 1º, inciso II, da Constituição Federal.
Mandado de Segurança
O investigador de polícia, lotado numa Delegacia em Canoas, entrou com Mandado de Segurança para derrubar o ato administrativo assinado pelo governador Tarso Genro (PT), que determinou sua aposentadoria compulsória a partir do último dia 11 de abril.
O ato se baseou no inciso II do artigo 1º da Lei Complementar Federal 51/85, que determina a...
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