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PGE de SC se manifesta sobre pedido de suspensão da liminar que impede a nomeação do advogado Filipe Mello

Em relação ao pedido de suspensão da liminar que impede a nomeação do advogado Filipe Mello para o cargo de secretário da Casa Civil do Governo de Santa Catarina, protocolado nesta sexta-feira, 5, pela Procuradoria-Geral do Estado (PGE/SC), o órgão central de serviços jurídicos informa o seguinte:

  • o desembargador Diogo Pítsica, em decisão publicada às 22h10 desta sexta-feira, reconheceu a plausibilidade da tese levantada pela PGE/SC. Segundo ele, “o Supremo Tribunal Federal (STF) já promoveu amplo exame acerca da vindicada ocorrência de nepotismo, tendo assegurado a sui generis alocação do Secretário (assim subentendido o Chefe de Casa Civil), como integrante do quadro político (de alçada de discricionariedade do Chefe do Executivo)”;
  • no texto, o magistrado reforça um dos argumentos apresentados pela PGE/SC, de que a interpretação mais plausível é a de que a Súmula Vinculante n. 13 do STF não é extensível a cargos políticos. “Rememoro os dizeres de que o Supremo Tribunal Federal tem afastado a aplicação do referido verbete a cargos públicos de natureza política, conceito no qual se incluem os secretários municipais ou estaduais”. O desembargador destacou, ainda, que a jurisprudência do STF tem garantido a permanência de parentes de autoridades públicas em cargos políticos sem que isso configure nepotismo.
  • Segundo o desembargador, o Dr. Filipe Mello detém todas as qualificações e pressupostos à função. “A idoneidade é evidente, adrede somado pelo predicado compatível com o exercício da advocacia (respeitado e atuante), exorando qualificação ao pretendido, exprimido por experiência, por exemplo, na condição de Secretário do Planejamento de Santa Catarina (entre 2011 e 2012) e, em 2013, por assumir a Secretaria de Estado de Turismo, Cultura e Esporte. Somam-se os cargos de Secretário da Administração do Município de Florianópolis (2005-2006) e de Secretário da Casa Civil (2017-2018), também da Capital, além de integrante do Tribunal Administrativo Tributário de Santa Catarina e Conselheiro Estadual da OAB/SC”.

O desembargador Diogo Pítsica optou, porém, por não examinar a questão em regime de plantão e delegar ao relator do processo a decisão sobre o pedido formulado pela PGE/SC, por entender que a espera até segunda-feira, quando retorna o expediente regular do Tribunal de Justiça, não causará prejuízo à Administração do Estado.

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