Discounts as a means for the civil servant to reimburse the State

Abstract

Considering that the juridical order in the state of Minas Gerais, by means of Law no. 19.490/11 and Decree no. 46.278/13 – after the Public Administration has determined the subjective responsibilities of the civil servant before the State and the proper compensation by means of regular administrative proceedings, in which the right to the contradictory and the ample defense have been guaranteed – authorizes the state to make the corresponding discounts from a member of the military’s or a civil servant’s pay check, the auto-execution which materializes the obligation to compensate by means of administrative proceedings is legitimate, and does not require any previous recourse to the Judiciary Power, nor any agreement on the part of the civil servant. The discounts made by the State from the paycheck of a member of the military are legitimate once the regular administrative proceedings, which guarantee the due process of law, the right to the contradictory and ample defense, have been completed.