Princípio da Autonomia Municipal

Por
Daniel Silva
-
97
1297

FGV (2022):

QUESTÃO CERTA: A Constituição do Estado Alfa, com o objetivo de uniformizar e aumentar a eficiência das estruturas orgânicas dos Municípios situados em seu território, estabeleceu regras, baseadas na densidade demográfica e na arrecadação, para a criação de secretarias municipais, sendo cogente a observância dos quantitativos máximos e mínimos ali fixados. Ao tomar conhecimento dessas regras, o Prefeito do Município Alfa consultou sua assessoria a respeito da compatibilidade com a Constituição da República. A assessoria respondeu corretamente que as referidas regras são: inconstitucionais, pois, ao disporem sobre a organização administrativa dos Municípios, afrontaram a autonomia política desses entes.

CF:

  Art. 30. Compete aos Municípios:

I – legislar sobre assuntos de interesse local;

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A jurisprudência do STF é firme no sentido de que a delimitação de competência municipal por meio de dispositivo de Constituição Estadual ofende o princípio da autonomia municipal.

é inconstitucional norma de Constituição estadual que, a pretexto de organizar e delimitar competência de seus respectivos Municípios, ofende o princípio da autonomia municipal, previsto no art. 18, no art. 29 e no art. 30 da CF/88.

STF. Plenário. ADI 6602/SP, Rel. Min. Cármen Lúcia, julgado em 11/6/2021 (Info 1021).

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