Análise e reflexão da atuação da Coordenadoria de Controle da Constitucionalidade do Ministério Público de Minas Gerais sobre normas jurídicas municipais, que criam e disciplinam os cargos em comissão

Abstract

The present study was developed from the theme of analysis and reflection of the performance of the Coordination of Control of Constitutionality of the Public Ministry of Minas Gerais on municipal legal norms, which create and discipline the positions in commission. In the present work, the objective is to discuss why there is, within the municipalities, a disorderly multiplication of norms creating and disciplining commission positions, often tainted by the vice of unconstitutionality, as well as verifying which unconstitutionalities afflict these norms and how national jurisprudence has manifested itself in the face of this situation. In addition, the research has the scope to expose how the Coordination of Control of Constitutionality of the MPMG works in these cases, analyzing and reflecting on the results achieved and the obstacles faced in its performance. To this end, it is proposed to revisit the legal-scientific literature on the subject, as well as to carry out a survey of statistical data, which can illustrate the discussion and serve as a basis for analysis and reflection. The starting point is the fact that the Coordination for the Control of Constitutionality plays a fundamental role in the Democratic State of Law, guaranteeing systemic normative order and coherence, collaborating with the maintenance of constitutional supremacy and rigidity, since it works to ensure that norms contrary to the constitutional text are excised from the legal system, but it also plays an important role in combating patrimonialism, mismanagement, disorderly access to public offices and the deficient provision of public services. Thus, the study on screen aims to allow the expansion of understanding on the subject and may even contribute to the construction of other research works in the future.