Aposentadoria especial dos guardas municipais de Dourados: a análise da inconstitucionalidade do Art. 15-B da Lei complementar municipal nº 121/2007

Abstract

The study aims to analyze the unconstitutionality of Article 15-B created by Municipal Complementary Law number 270, dated December 22, 2014, which provides for the retirement of the Municipal Guards of Dourados/MS in Municipal Complementary Law number 121, dated December 31 of 2007. Initially, the historicity of special retirement in the Brazilian legal system, from its beginnings, with the creation of laws, decrees and provisional measures, has been approached through several political scenarios, since the first presidents of the XX century, for all Military Regime and later period, of redemocratization, until the present day. Next, an approach is taken to concrete cases in Brazil, regarding the special retirement grant to municipal guards, where the differences in the judiciary are analyzed. In this sense, it is illustrated the sentence and the reasoning of the judge of the 6th Civil Court of Dourados/MS favoring the granting of differentiated retirement, based on the Injunction Order 6770, which was also analyzed, a report by Minister Alexandre de Moraes and, Lastly, the Regime is reviewed in the Extraordinary Appeal with Appeal 1,133,887 issued by the Minister Gilmar Mendes, which is unfavorable to grant special retirement to municipal guards. Finally, after demonstrating the existing favorable and unfavorable grounds for granting the benefit, the constitutionality of the concession in the municipality of Dourados/MS is analyzed, which has specific municipal law for the subject, in this sense, it is elucidated about the unconstitutionality of this concession. law in disobedience to the competence to dispose of the special retirement that must belong to the Legislative Union and to the State Constitution, before its rules referring to CRFB/88.