Culpability for the massacre. “It is not possible to hold the State of Rio de

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Janeiro responsible, which did not have the duty to provide security to Municipal School students, and, more than ten years after the facts of the case, it cannot be condemned to the defendant to provide psychological treatment to the plaintiff — at this point it is necessary to consider the withdrawal of the psychological expertise that aimed to attest to the need for such therapy, approved by the Court”, he registered. Finally, the rapporteur voted to increase the amount of compensation that the municipality must pay to the author of the action to R$ 30 thousand, with monetary correction since the judgment of the case in the first instance. He also increased the succumbing fees to 12% of the value of the conviction. Click here to read the rulingConstitutional Even if the law does not suffer from a formal defect, it is necessary to check whether it violates the principle of administrative reserve, as the Legislative Branch cannot advance on matters that are the exclusive competence of the Executive Branch.

Jcomp/Freepik Jcomp/Freepik Parliamentary initiative law that establishes identification cards for autistic people is illegal, says TJ-SP This was understood by the Special Body of the Court of Justice of São Paulo when annulling a law by Nuporanga, a parliamentary initiative, which established an identification card for people with autism spectrum disorder. The decision was made unanimously. The city hall, author of the ADI, pointed out a violation of the principle of separation of powers and said that the text merely replica Special Phone Number Data ted a rule already contained in Federal Law 12,764/12, which created the National Policy for the Protection of the Rights of Persons with Autism Spectrum Disorder. Initially, the rapporteur, judge Tasso Duarte de Melo, said there was no initiative defect, nor violation of the separation of powers, as the text deals with health, a matter of local interest and which is not among the matters within the exclusive competence of the head of the Executive. ,



In accordance with article 47, items II and XIV, of the State Constitution. "That is to say, 'the law that, although it creates expenses for the administration, does not usurp the exclusive competence of the head of the Executive Branch, does not address its structure or the attribution of its bodies nor the legal regime of public servants (article 61, § 1, II , 'a', 'c' and 'e', ​​of the Federal Constitution)', according to the C. STF, in the judgment of ARE 878.911, with general repercussion (Theme 917)", he stated. On the other hand, Melo highlighted that the law interfered with criteria of convenience and opportunity by imposing on the Executive Branch the form of execution of public policy, establishing that "every person diagnosed with autism spectrum disorder has the right to obtain an identification card from the administration public municipality", in addition to setting a maximum deadline for the regulation of the standard. "In other words, the contested law exceeds its authoritative nature to establish undue subordination of the mayor, which, in itself, allows us to conclude that it is unconstitutional.