Professional carrer advantages and personal advantages: Acquired right – Consolidated objective situation

Abstract

In this legal opinion, Celso Antônio Bandeira de Mello examines whether newly admitted public prosecutors are entitled to the remuneration benefits established by Laws No. 6.043/1961 and 6.800/1962. The central issue is to determine whether these benefits constitute personal advantages—granted due to specific individual circumstances—or career advantages—applicable to all members of a public office. The author presents a rigorous theoretical distinction between legally consolidated situations (acquired rights and completed legal facts) and the limits imposed by the principle of equality. He concludes that, since there is no specific condition justifying the restriction of the benefit to previously admitted prosecutors, the benefits in question are career-based, and thus must be extended to all members of the prosecution service. Any restriction would violate both the principle of isonomy and the concept of acquired rights as established by constitutional norms.