Da constitucionalidade do ressarcimento dos gastos com alimentação dos vereadores de Maceió à luz do princípio da moralidade: estudo do inciso VII do art. 2º da Lei 5.917/2010 do município de Maceió

Abstract

The objective of this study is to analyze the indemnity allowance for parliamentary activity in the city of Maceió, especially the spending on food for councilmen, in light of the constitutional principle of administrative morality. Initially, the compensation allowance for councilmen of the Maceio City Council is analyzed through Law 5.917/2010 and the internal rules that regulate it. Then, the principle of administrative morality is presented, from the discussion of the relations between law and morality in modernity, through the emergence of the principle of morality in France in the early twentieth century and its diffusion in Brazil, penetrating the doctrine, jurisprudence and legislation and culminating in the presentation of criteria for judging administrative acts. In the last part, an attempt is made to apply such criteria to the expense of food for the councilmen of Maceió, concluding by the unconstitutionality of the refundability of this expense. The way in which the City Councils of some capitals use the indemnity allowance is then listed for comparison. Finally, an analysis is made of the Recommendations proposed by the Public Prosecutor's Office to the City Council and the proposal of the new law on the Indemnity Allowance based on these Recommendations.