The Federal Supreme Court (STF) formed a majority this Thursday (23) to consider valid the appointment of relatives of authorities to command political positions in the administration, such as municipal and state secretariats or ministries. The trial, which will resume next week, evaluates an appeal that discusses whether the practice could constitute nepotism, conduct prohibited by the Constitution.
The ministers are analyzing a (, in São Paulo. The state Public Prosecutor’s Office challenged it and the Court of Justice invalidated the rule. The case began to be analyzed in April last year and has national repercussions. The Court’s decision may be applied in cases that deal with the same topic in lower courts of Justice.
Currently, the Court’s understanding is that the appointment of spouses, partners and relatives up to the third degree of authorities to commission positions or positions of trust in the Union constitutes a violation of the Constitution. The practice can be classified as administrative improbity and has punishments provided for by law.
The question under discussion only concerns positions of a political nature, such as command of secretariats and ministers. The nomination will be valid as long as the chosen candidate meets the requirements set out by law. The rapporteur, Minister Luiz Fux, voted to validate the law, highlighting the technical qualification and moral suitability of the nominee as criteria for legitimacy.
Minister Flávio Dino opened a divergence, voting to maintain the current rule regarding nepotism. However, ministers Cristiano Zanin, André Mendonça, Nunes Marques, Alexandre de Moraes and Dias Toffoli followed the rapporteur’s vote. Zanin suggested clarifying the possibility of appointment in these circumstances being restricted to positions linked to the Executive Branch.
