STF vetoes on the administrative need for goods among federal agencies

The Federal Supreme Court upheld the direct violation of the structure (ADI) and reaffirmed the understanding {that a} request for the administration of goods or providers for one federal unit by one other is an offense towards federal rules.

The definition that allowed the request was not included in the SUS Organic Law
Marcello Casal Jr./Agência Brasil

Unanimously, the courtroom dominated in part 15, merchandise XIII, of the Organized Health Organisation (SUS) Organized Act, which allows administrative necessities for public goods and providers owned by different federal agencies.

At that time, the Democrats (DEM) claimed that the system was the foundation for a federal government-mandated intervention in Rio de Janeiro hospitals in 2005. According to legend, the legislation leaves open the interpretation of authorized entities. beneath request, in battle with the Constitution, which solely permits, in the case of imminent hazard, the need for personal, and never public property, as occurred in the case of an intervention in Rio de Janeiro.

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In a referendum on the case, Minister Alexandre de Moraes defined that the competing system addresses the chance of demand in the context of SUS credentials and, subsequently, the joint capability of federal agencies.

The idea, in accordance with him, suggests the existence of a typical, pressing and transitional need, which can have an effect on all ranges of federal agencies, which require coordination of equality between them.

By this logic, for the minister, it’s not possible to develop the idea of Article 5, Article XXV, of the Constitution of the Republic, which supplies for the administrative necessities of personal goods in the case of public hazard, for the relationship between. federal agencies, which have to be characterised by equality and cooperation.

In his view, the Union’s intervention on the services of sub-organizations was accepted by the area solely in distinctive instances of federal intervention and siege, with interpretations that permit for regular institutional standing, even in the regular state of the establishment. the mysterious context of the Covid-19 tragedy.

Alexandre recalled the latest 3,463 independence of the state.

For the minister, the chance of claiming by the Union of public goods allotted for the efficiency of the powers of the varied federal organs undermines the constitutional division of administrative energy, and impacts the independence and equality of the federal treaty, that, subsequently, is opposite. of legislation clearly.

A reporter for the case, Minister Dias Toffoli had voted in a earlier session to dismiss the request, however he adjourned his vote to observe Alexandre de Moraes’ understanding, in keeping with latest courtroom guidelines. Included data from STF recommendation.

ADI 3,454

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