The tendency settled in Courts: state workers are going to Justice to request their own bankruptcy before the impossibility to do against their debts.
The Constitution prevents to be used public to “disqualified by sentence”.
The public prosecutor of State, Julio Caesar Rodriguez You sign, thought that to the employees public who have appeared in Justice to request their own bankruptcy asphyxiated by debts impagas, would correspond to them to initiate a summary and, where appropriate, to apply to them the maximum sanction to them: the suspension.
It said it leaning in the text of the provincial Constitution, that prohibition restrictively the possibility that they can “be used, civil service nor legislators the indebted ones of the Province which, executed legally, the disqualified ones by sentence have not paid to their debts and”.
In the provincial State, already they register cases of employees who have gone to Justice, and have obtained that they dictate its own bankruptcy to them. Thus at least they admitted the holder to it of the credit card Sidecreer, Grey-haired Juan Jose, and president of the Institute Social Obra of the Province among Rivers (Iosper), Silvio Moreyra.
The majority of the cases corresponds to agents of the Police, the Secretariat of Health and the Municipality of Parana.
Evaluation
The public prosecutor of State says, equally, that there will be “to interpret” what I reach has the incapacitation of the fraction, although advanced in an own opinion: Rodriguez You sign was put to the current of the existence of orders of bankruptcy on the part of agents public, although it admitted that not yet it counts on no file to consider.
“We must interpret to what incapacitation talks about the Constitution. I say that she does not talk about to the accessory incapacitation the penal sentence. It is necessary to consider that are two types of incapacitations. One as a result of the penal sentence, but the hypothesis that raises the article 43º of the Constitution is a hypothesis different from the penal sentence. In my opinion, that is still not overturned in an opinion, the incapacitation to that it talks about is the civil incapacitation, and as the law of bankruptcies causes the incapacitation, I understand that a fraction cannot continue being used of the State”, indicated to the NEWSPAPER.
-And which would be the consequence?
- In my opinion, the suspension. Or at least, it is an impediment to be used of the State. This worsens in the case of the agents of the Police, inasmuch as the police regime establishes prohibitions it express. But really, the constitutional impediments are applicable to any public employee. But in this the Office of the public prosecutor must consider.
-There are previous steps to give before the suspension?
- This deserves a summary. That is to say, an instance so that the fraction can exert its defense. Anyway, the bankruptcy was not dictated to order of the creditors but to order of the own employee.
Preoccupation
The order of judicial bankruptcy on the part of the employees public is a tendency that has begun to worry in the Government. The cases are being current currency in the Civil Court and Commercial Nº 9 of Contests and Bankruptcies, where his holder, Maria Gabriela Tepsich, already have dictated several sentences: some data give account of 30, although also esteem that could arrive at 50.
The bankruptcy order is a direct consequence of the insolvency to do against the liabilities. A person, legal physics or, a public employee or a company, are going to Justice to request that proceeding when she has more debts than payment capacity, and is in payment cessation. Although the dictation of disqualifies it to the bankruptcy to exert the commerce, and leaves to everyone outside the financial circuit.
In the Association Working of the State (IT TIES) they affirm that the situation is consequence of the strong loss of the spending power of the wage of the employees public. In Between Rivers, they affirm, the guaranteed minimum is of 1,240 pesos, and for more of a year that sum it does not modify. For that reason, the union has demanded an increase of emergencia of 400 pesos. And they add a data: about 15 thousand employees of the State, on a total of 30 thousands, are below the line of poverty.
As it will be, in the Government the subject worries. “This tendency between the employees worries to Us. It worries that a current of 100 to 300 employees can be generated who begin to request their own bankruptcy”, emphasized the public prosecutor of State.