Post by SHIHAB on Jan 10, 2024 6:54:13 GMT
The Minister of Management, Esther Dweck, agreed on a 9% adjustment for the remuneration of federal Executive employees and 43.6% for food assistance on March 24, 2023. In the same year, a little earlier, the minimum wage it was readjusted to R$ 1,320, practically the value of a simple daily payment from the Federal Judiciary or the Federal Public Ministry. These are legal facts. But something is certainly out of whack in the legal world to support such distortions. We learn in hermeneutics that the application of constitutional norms occurs according to a practical agreement between them, a reading that takes place in connection with their set. This is why it is said that the Constitution cannot be read in strips. But the distance and latent disagreement between the legal content of the minimum wage and what should be the subsidy paid by the same State to citizens hide veiled, but appalling, inequities.
The minimum wage, according to article 7, IV, of the WhatsApp Number List Constitution is a social right "fixed by law, nationally unified, capable of meeting your basic vital needs and those of your family with housing, food, education, health, leisure, clothing, hygiene, transport and social security, with periodic adjustments that preserve purchasing power, with their linkage for any purpose being prohibited" . The subsidy content seems to go in the opposite direction. Created by Constitutional Amendment 19, of 1998, in an attempt to simplify and rationalize the remuneration system, it was designed to be a "single installment".
When trying to define, as a single installment, the remuneration set in return for the exercise of office by a member of Power, by holder of an elective mandate, by State ministers and by state and municipal secretaries, the Constitution also prohibited the addition of any bonus, additional, allowance, prize, representation allowance or other type of remuneration, in accordance with article 39, ยง4, of the Federal Constitution. I have already argued, in a previous article , that the reforms introduced by the Constitution made the subsidy broader than the salary regime, insofar as it covered any advantages provided for by law, including legal indemnities, (articles 41 and 49 of the Law 8,112, of 1990), while the subsidy now includes compensation, social and private portions.
The minimum wage, according to article 7, IV, of the WhatsApp Number List Constitution is a social right "fixed by law, nationally unified, capable of meeting your basic vital needs and those of your family with housing, food, education, health, leisure, clothing, hygiene, transport and social security, with periodic adjustments that preserve purchasing power, with their linkage for any purpose being prohibited" . The subsidy content seems to go in the opposite direction. Created by Constitutional Amendment 19, of 1998, in an attempt to simplify and rationalize the remuneration system, it was designed to be a "single installment".
When trying to define, as a single installment, the remuneration set in return for the exercise of office by a member of Power, by holder of an elective mandate, by State ministers and by state and municipal secretaries, the Constitution also prohibited the addition of any bonus, additional, allowance, prize, representation allowance or other type of remuneration, in accordance with article 39, ยง4, of the Federal Constitution. I have already argued, in a previous article , that the reforms introduced by the Constitution made the subsidy broader than the salary regime, insofar as it covered any advantages provided for by law, including legal indemnities, (articles 41 and 49 of the Law 8,112, of 1990), while the subsidy now includes compensation, social and private portions.