MPPE goes after the suit allowance

PE247- In a statement sent to the press, the Public Prosecutor's Office of Pernambuco (MPPE) explains the reasons that led the institution to fight, together with the Brazilian Bar Association, Pernambuco section (OAB-PE), for the end of the clothing allowance in the Legislative Assembly. In the text, the MPPE states that the payment of the benefit, in the form of an indemnification allowance to deputies, does not comply with the norms established by the State Constitution. The entity also explains that there is no retroactive effect to the aforementioned payment and that the issue is settled within the Brazilian Public Prosecutor's Office.

See the full text below:

The Public Prosecutor's Office of Pernambuco (MPPE) wishes to clarify to the people of Pernambuco the reasons for the Institution's involvement in the Direct Action of Unconstitutionality (Adin) filed by the Brazilian Bar Association against the payment of the compensation allowance to state deputies, known as "suit allowance," in the following terms:

1- The Public Prosecutor's Office of Pernambuco offered its opinion based on technical and legal grounds, as it should always do in its pronouncements, according to constitutional precept;

2 - The granting of the aforementioned funds was done through a resolution (articles 43 and 44 of Resolution No. 905/08), that is, by a normative act other than a LAW, which does not comply with the form required in the heading of article 24 of the State Constitution;

3- Otherwise, the allowance set by ALEPE does not correspond to the cases of compensatory allowances excepted by §3 of article 39 of the Federal Constitution, nor does it have a compensatory character, since it does not aim to reimburse or compensate for expenses incurred by the deputies during the exercise of their mandates;

4- The position that the payment of the so-called "suit allowance" is unconstitutional is settled within the Brazilian Public Prosecutor's Office, after having been exhaustively discussed in the ordinary meetings of the National Council of Attorneys General;

5- Thus, in some states of the federation, such as Piauí, Goiás, Paraná, the Federal District, and São Paulo, Public Prosecutors have filed public civil actions in this same sense;

6- Finally, it clarifies to the public that the Public Prosecutor's Office, always guided by the defense of the interests of society, seeks to maintain cordial treatment with the parties and a respectful institutional relationship with the Public Authorities and Entities.

Recife, July 17, 2012.
LAIS COELHO TEIXEIRA CAVALCANTI
Deputy Attorney General