Did you know that public servants can be removed due to a family member's health?

11 de December de 2024, às 22:26 Alcemir Junior
The request for removal of a civil servant to another location, regardless of vacancy and the interest of the Administration, must be complied with if it is for health reasons of the civil servant himself, his spouse, partner or dependent living at his expense (in this case, it must be recorded in his functional record). It should be noted that, according to the understanding established in the decision in REsp n. 1.937.055/PB, reported by Minister Sérgio Kukina, First Panel, DJe of 3/11/2021, there must be proof of the state of health, by an official medical board.

In addition, family-servant dependence must be financial and not "physical dependence" or "affective dependence". However, if it is possible to prove the seriousness of the family member's state of health, it will be unnecessary to prove economic dependence, as held by REsp 2.015.278-PB, Reporting Justice Sérgio Kukina, First Panel, unanimously, judged on 7/11/2023.