RETIREMENT OF THE MUNICIPAL PUBLIC SERVER AS A CAUSE OF VACANCY IN THE PUBLIC POSITION

Abstract

Currently, within the scope of municipal public law, there are several lawsuits filed regarding whether a municipal legislator may address the issue of the public role wave of its servants. The consectary of this conflict that has become the focus of the administrative and judicial bodies is a retirement, since municipal legislation governing civil servants tends to establish retirement as a cause of vacancy. The Administration, bound by legality, has the duty, when foreseen by law, to declare as vacant or public role, fact that generates or discontent and that is deactivated by the cadres of the organ that is bound, so that or entry with judicial demand is consequence clear throughout the national territory. It turns out that the judiciary has not yet been able to assist a peacemaker, as now has the possibility to accumulate provisions and now understands that should be observed or the principle of legality. This article has the way of demonstrating that, even if there is divergence, there is the possibility that the municipal legislator will accept a public cargo wave due to retirement, as well as, without exhausting the theme, to demonstrate what is the correct or correct delineation of the reasons. to decide for the unbridled pacification of the theme.