Military and civil police officers, firefighters, penitentiary officers, and employees of the General Department of Socio-Educational Actions (Degase) expelled from public service in the last ten years may request reinstatement to their respective bodies. The conditions for making the request — including that the administrative dismissal has not been confirmed by the Court – contained in the joint resolution, published in the Official Gazette of the state.
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The new act follows a decree by Governor Cláudio Castro, published in January and amended in March, creating the mixed commission that will evaluate the requests. The mixed committee is made up of employees from all the bodies involved. The request for reexamination must be made by the interested party within 30 days, starting from 23 May. The application can be made online.
Numerous lawsuits
The government expressed itself via email and did not say how many people were expelled from the security forces in these ten years, for reasons such as corruption and homicide. They also said that they created the mixed commission after numerous lawsuits and with the aim of leveraging the analysis of requests for administrative review whose object deals with reintegration and/or reintegration. The intention, according to the Guanabara Palace, is that officers who have the right to rejoin the corporation, after having proven their innocence in court proceedings, can formalize their requests.
Rules
Among the rules for requests are proving the occurrence of a new fact in the judicial or administrative process that benefited the applicant in the last ten years; and not having any conviction involving a crime that affects the activity. The applicant must also present the documents listed in the joint resolution, proving a clean criminal record.
Our Analysis:
The possibility of the return of expelled servants raised concern among specialists and politicians. There is a fear that several of those to be reinstated could be militiamen. Although there are preconditions, and the cases will be analyzed by a commission, there is still a certain risk. Expelled officers went through a serious administrative process, which led to this conclusion. There may be some special situations where there has been political persecution. But in the cases of people who disrespected the codes of ethics, these reintegrations are worrying and harmful for the public power because they discredit the institution that is receiving that person back. In Rio de Janeiro, the militias created a parallel government, and they are formed by active and former police officers. One hypothesis is that someone may be benefiting and opening the door to others. This brings legal and societal insecurity because it is the review of a dismissal made by management itself. With that, there is not only political and administrative instability, but also the distrust of the population in relation to the bodies and the decisions they make.
Source: O Globo
