Post by sazid2017528 on Jan 11, 2024 2:47:45 GMT -6
Public policies that involve the creation of responsibilities for administrative bodies depend on a law initiated exclusively by the head of the Executive Branch. Freepik Freepik City Council cannot enact law on free provision of sanitary pads With this understanding, the Special Body of the Court of Justice of São Paulo judged unconstitutional a law in São José do Rio Preto, authored by parliament, which established a program to supply sanitary pads as a policy to combat menstrual poverty in the municipality. The law was challenged by the city hall with the argument that the matter is a private initiative of the head of the Executive Branch, as it involves administrative management of public policy, that is, planning, directing and organizing the supply of sanitary pads by the Municipal Departments of Education and Health.
When judging the action to be valid, the rapporteur, judge Jacob Valente, said that the law was not limited to authorizing the Executive Branch to implement a public health program WhatsApp Number List aimed at female people in situations of menstrual poverty. "The objurgated law establishes public policy of a permanent nature that will lead to the provision of services for a certain segment of the population, so that there is a need to allocate personnel, allocate a physical structure for the logistical management of the hygiene item, which, evidently, implies in generating expenses and new responsibilities for public bodies linked to the area of health and social assistance", he said.
The issue, according to the judge, is that the norm did not just create a programmatic, generic and abstract policy in the field of public health and social assistance, but, "inadvertently", advanced the form of its implementation and the specific public to be achieved, which is not the responsibility of the Legislative Branch, but of the Executive. "The objured law, as it establishes a public policy aimed at combating the so-called 'menstrual poverty', could, in theory, be considered constitutional in relation to the possibility of a competing initiative between the local Powers; but, in the case at hand, its article 2 suffers from irremediable unconstitutionality, as it proposes to establish the criteria for permanent free distribution to previously identified groups, a primary task of the administration.
When judging the action to be valid, the rapporteur, judge Jacob Valente, said that the law was not limited to authorizing the Executive Branch to implement a public health program WhatsApp Number List aimed at female people in situations of menstrual poverty. "The objurgated law establishes public policy of a permanent nature that will lead to the provision of services for a certain segment of the population, so that there is a need to allocate personnel, allocate a physical structure for the logistical management of the hygiene item, which, evidently, implies in generating expenses and new responsibilities for public bodies linked to the area of health and social assistance", he said.
The issue, according to the judge, is that the norm did not just create a programmatic, generic and abstract policy in the field of public health and social assistance, but, "inadvertently", advanced the form of its implementation and the specific public to be achieved, which is not the responsibility of the Legislative Branch, but of the Executive. "The objured law, as it establishes a public policy aimed at combating the so-called 'menstrual poverty', could, in theory, be considered constitutional in relation to the possibility of a competing initiative between the local Powers; but, in the case at hand, its article 2 suffers from irremediable unconstitutionality, as it proposes to establish the criteria for permanent free distribution to previously identified groups, a primary task of the administration.