The 2nd Military Justice Prosecutor’s Office of São Luís filed, this Monday, the 6th, with an appeal against the decision of judge José de Ribamar Froz Sobrinho, president of the Court of Justice of Maranhão (TJMA), who suspended, on April 29, the adoption of objective criteria for promotions in the careers of the Military Police and the Maranhão Military Fire Department.
In the document, the Public Ministry of Maranhão (MPMA) requests that the decision that granted the request for suspension of execution be reformed, restoring the urgent protection granted in the first level of Justice.
UNDERSTAND THE CASE
Responding to a request from the Maranhão Public Prosecutor’s Office, the Diffuse and Collective Interests Court of São Luís determined, among other measures, on April 11, that the Officer Promotion Commission of the General Command of the Military Police publish the Special Reserved Bulletin for the promotions for the month of April 2024.
This document should only include military personnel who have proven completion of the respective training and/or improvement courses, as a requirement for the intended military ranks, as provided for in the National Organic Law of the Military Police and Military Fire Brigades of the States, of the Federal District and Territories (law no. 14,751/2023).
On April 17, the State of Maranhão filed an Interlocutory Appeal requesting suspensive effect of the decision, excluding the mandatory completion of the General Staff Command Course (CCEM) for promotion to the rank of colonel. The following day, the appeal was dismissed by the judge-rapporteur, Jamil de Miranda Gedeon Neto, who found no plausible basis for granting the measure.
The decision was unanimously confirmed by the Second Chamber of Public Law, on April 25. The request to suspend the injunction to the president of the TJMA was filed on April 26th.
RESOURCE
According to prosecutor Paulo Roberto Barbosa Ramos, the decision signed by the president of the TJMA did not demonstrate any risk of harm to public, administrative or economic order, since the State did not even technically demonstrate what these impacts would be.
The consolidated understanding of the Superior Court of Justice (STJ) points to the exceptionality of the suspension of injunctions with the purpose of “avoiding serious damage to public order, health, safety or economy, with concrete demonstration of exceptionality being essential”, the only hypotheses appropriate for this type of measure.
In the opinion of the head of the 2nd Military Justice Prosecutor’s Office of São Luís, it is noteworthy that the request to suspend the injunction merely reiterated the same legal grounds already raised, “in an absolutely generic way, with facts that do not correspond to objective reality”, which were not considered by the first instance court or in the second instance.
Another point raised by Paulo Roberto Ramos was the provision, in the TJMA’s Internal Regulations, of the possibility for the president of the Court to hear the author of the action or the attorney general of justice, within 72 hours, before deciding on the suspension of the injunction, “which, despite the complexity of the case and the possibility of partial action, was not done”.
EQUIVALENCE
Still according to the prosecutor, the State of Maranhão’s arguments do not withstand a more careful analysis of the particularities of the case. “It is important to highlight that the State Attorney’s Office bases its reasons on information that does not match reality, which could lead the Judiciary to misunderstand the matter”, he warns.
In the Appeal, the member of the Public Ministry of Maranhão clarifies that the so-called Command and General Staff Course, provided for in law no. 14,751/2023 as an objective criterion for promotion to the rank of colonel, is equivalent to the so-called Higher Police Course ( CSP), provided for in state decree no. 11,964/91 and which has already been carried out by several lieutenant colonels and even majors of the Maranhão Military Police.
Article 31 of the National Organic Law of the Military Police and Military Fire Brigades of the States, the Federal District and the Territories states that “for all legal purposes, the courses existing in the institution on the date of publication of this Law are considered equivalent” .
“Thus, given the equivalence between the two courses, there is no need to talk about disregarding this mandatory objective requirement for promotion to the rank of colonel PM”, observes, in the appeal, the prosecutor.
In the document, it is argued that, although the CSP was not offered in the PMMA General Command, and under this justification it was not used as a requirement for promotions, the course was offered for completion in other states, through an agreement between corporations. According to the prosecutor, the course was constantly offered in recent years, with notices providing priority to lieutenant colonels. With the existence of unfilled vacancies, some officers still in the rank of major took the course.
“For a major to have already taken the CSP, this fact can only have occurred if the lieutenant colonels have declined the right to take the course. Therefore, if there is a major in the corporation who has completed the CSP, there is no need to talk about the existence of a lieutenant colonel without a CSP due to lack of opportunity,” he stated.
The Public Prosecutor’s Office also attached a document in which it is possible to verify that the notice provided for full financing of the course with tickets and accommodation. In Paulo Roberto Ramos’ assessment, “the allegation that ‘the immediate imposition of this objective requirement proves to be exclusionary for military personnel who did not have the opportunity to take the course in another state of the federation is mistaken and even in bad faith, inequities and potential injustices in the promotion process’”.
TRANSITION
Finally, the member of the Public Ministry of Maranhão argues that the National Organic Law of the Military Police and Military Fire Brigades of the States, the Federal District and the Territories was sanctioned after 22 years of processing, enough time for Police officers to Military personnel prioritized their professional training.
For the head of the 2nd Military Justice Prosecutor’s Office of São Luís, the transition regime requested by the State of Maranhão and granted by Judge Froz Sobrinho is not admissible. “In this case, it would be up to the Legislative Branch to establish a transitional regime, which did not occur by legislative choice, and the Judiciary should not now impose such a transitional regime”.
“It is clear that, due to non-republican interests, the State of Maranhão intends to circumvent the legislative provision to the detriment of the supremacy of the public interest. The professionalization of the Military Police and Military Fire Brigade of Maranhão has a direct impact on the service provided to society by these corporations, so that it makes no sense to promote lieutenant colonels with lower qualifications, since everyone was given the opportunity to completion of the SCP course, a course equivalent to the CCEM provided for by legislation”, concludes Paulo Roberto Barbosa Ramos.
Tags: Promotions PMs Firefighters MPMA appeals decision president TJMA
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