Analysis of the constitutionality of the payment of 13th subsidy and additional vacation to councilors of Ceará state

Abstract

Considering the impact of judicial decisions on citizens’ lives and the need to standardize jurisprudential understandings about the rights of councilors in the municipalities of Ceará, this paper presents an analysis of constitutionality of the payment of the thirteenth subsidy and vacation bonus payment to councilors of the municipalities of Ceará. This study aimed at analyzing the constitutionality of granting the aforementioned rights and how they should be implemented at the local level, based on an interpretative perspective, of an applied nature and qualitative approach, in order to extract the understanding of the jurisprudence and apply it in the state of Ceará. The data was collected from documentary and bibliographic study on the internet. Among the main conclusions of the research, it was possible to notice that the understanding of the Federal Supreme Court and the Court of Auditors of the State of Ceará is in the sense of the constitutionality of the payment of these rights to political agents, the need to insert them in local rules, of the non-applicability of the precedence principle (CF/88, art. 29, item VI) to the case under analysis and of the possibility of payment in the same year in which they are granted. Thus, it is intended to extract from this analysis the jurisprudential guidelines for dissemination and consequent standardization, in order to promote the development of the legislative process on the subject, giving greater legal certainty to the normative acts and to ensure isonomy to political agents who are in similar situation.