Assistência jurídica é restrita a advogado público
A função de consultoria jurídica no Executivo é exclusiva de membros das procuradorias-gerais do estado. A afirmação é do ministro Celso de Mello, do Supremo Tribunal Federal, ao suspender, em caráter liminar, trecho de uma lei de Rondônia que criou 39 cargos comissionados para atividades de assessoramento no governo. A decisão, de 19 de dezembro, foi proferida no mesmo dia em que ele suspendeu prática semelhante na Paraíba.
A suspensão vale até o julgamento de uma Ação Direta de Inconstitucionalidade apresentada pela Associação Nacional dos Procuradores de Estado (Anape) em 2008. A entidade questionou a validade de dois artigos da Lei Complementar 427, publicada naquele ano, por avaliar que ferem as funções estabelecidas no artigo 32 da Constituição.
Segundo a ADI 4.114, a lei criou cargos que “usurpam prerrogativas e atribuições exclusivas de procuradores de estado, o que é intolerável invasão das tarefas constitucionalmente conferidas, com exclusividade, aos representantes judiciais e extrajudiciais dessa unidade federada, concursados na forma da lei”. A Advocacia-Geral da República e o Ministério Público Federal manifestaram-se favoráveis ao pedido.
Já o governo de Rondônia alegou que, embora a Procuradoria-Geral do estado seja responsável pelo assessoramento jurídico, não haveria problema em permitir que secretários estaduais...
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