State Public Ministry v. Pirenópolis Municipal Assembly, et al.
Brazil Supreme Court
Extraordinary Appeal 227.159-4 (Goiás) RE-227159 (2002)

- Written by Whitney Waldenberg, JD
Facts
The state public ministry in the Brazilian city of Pirenópolis (plaintiff) challenged an enactment of a municipal law by the Pirenópolis Municipal Assembly (defendant) that increased the benefits paid to appellate judges. The public ministry argued that the actions by the municipality violated the Brazilian constitution and sought to have the appellate judges forfeit the sums they had received under the law. The lower court dismissed the suit, holding that a public civil action could not be used to declare a municipal law unconstitutional, and instead, the procurator general must bring a direct action of unconstitutionality to achieve such an end. The public ministry appealed to the Brazil Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Da Silveira, J.)
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