Post by sazid2017528 on Jan 11, 2024 0:01:29 GMT -5
Editorials: Constitutional Even if the law does not suffer from a formal defect, it is necessary to check whether it violates the principle of administrative reserve, as the Legislative Branch cannot advance on matters that are the exclusive competence of the Executive Branch. Jcomp/Freepik Jcomp/Freepik Parliamentary initiative law that establishes identification cards for autistic people is illegal, says TJ-SP This was understood by the Special Body of the Court of Justice of São Paulo when annulling a law by Nuporanga, a parliamentary initiative, which established an identification card for people with autism spectrum disorder. The decision was made unanimously.
The city hall, author of the ADI, pointed out a violation WhatsApp Number List of the principle of separation of powers and said that the text merely replicated a rule already contained in Federal Law 12,764/12, which created the National Policy for the Protection of the Rights of Persons with Autism Spectrum Disorder. Initially, the rapporteur, judge Tasso Duarte de Melo, said there was no initiative defect, nor violation of the separation of powers, as the text deals with health, a matter of local interest and which is not among the matters within the exclusive competence of the head of the Executive.
in accordance with article 47, items II and XIV, of the State Constitution. "That is to say, 'the law that, although it creates expenses for the administration, does not usurp the exclusive competence of the head of the Executive Branch, does not address its structure or the attribution of its bodies nor the legal regime of public servants (article 61, § 1, II , 'a', 'c' and 'e', of the Federal Constitution)', according to the C. STF, in the judgment of ARE 878.
The city hall, author of the ADI, pointed out a violation WhatsApp Number List of the principle of separation of powers and said that the text merely replicated a rule already contained in Federal Law 12,764/12, which created the National Policy for the Protection of the Rights of Persons with Autism Spectrum Disorder. Initially, the rapporteur, judge Tasso Duarte de Melo, said there was no initiative defect, nor violation of the separation of powers, as the text deals with health, a matter of local interest and which is not among the matters within the exclusive competence of the head of the Executive.
in accordance with article 47, items II and XIV, of the State Constitution. "That is to say, 'the law that, although it creates expenses for the administration, does not usurp the exclusive competence of the head of the Executive Branch, does not address its structure or the attribution of its bodies nor the legal regime of public servants (article 61, § 1, II , 'a', 'c' and 'e', of the Federal Constitution)', according to the C. STF, in the judgment of ARE 878.