Dismissal is a term used in the field of law to refer to an act of dismissal. It is used primarily in reference to a person's separation from employment in public office.
Dismissal is one of the ways in which a position is declared vacant, that is, it is a form of vacancy in a public office.
Removal from public office
The dismissal of a public servant can only happen in situations provided for by law.
According to Law No. 8,112/90 (Statute of Public Servants), dismissal can take place at the request of the public servant or at the will of the public administration (called ex-officio dismissal).
Ex-officio dismissal can only happen in two situations:
- when the public servant who was approved in a public examination did not perform as expected during the probationary internship period,
- when, after having already taken ownership, the server does not start working within the deadline that has been set.
Dismissal from commissioned position
For those who work in a commissioned position (on commission) the resignation happens in a different way. The public administration does not need to comply with requirements to justify the removal from a commissioned position, the decision of the responsible authority is enough.
The commissioned position can be removed at any time. That's what's called exoneration ad nutum. This Latin expression means that the dismissal can happen at any time and only by the will of the person who made the contract.
Difference between dismissal and dismissal
It is very common for there to be confusion between the concepts of dismissal and dismissal in public administration.
As well as dismissal, dismissal is also a way of dismissing a server from a position in the administration. The difference is that the dismissal only happens when a penalty is applied.
Dismissal takes place in cases provided for by law, such as crimes against the public administration or in cases of corruption involving the civil servant.
Although dismissal and dismissal are very similar concepts, it is important to know that dismissal is a penalty and dismissal is not.
Food exoneration action
The alimony action is a legal action provided for in civil law. This action is used for the purpose of terminating the payment of alimony.
The most common alimony payments are from parents to children, but they can also happen in other situations, such as between ex-married couples or even children to parents.
Food exoneration situations
The law defined the situations in which the request for alimony exemption applies:
- when there is a change in the financial situation of the person who pays the pension or the person who receives the pension,
- when the child receiving the pension reaches 18 years of age.
It is important that the person requesting the maintenance waiver proves the situation that justifies the request.
The decision on the application for maintenance exemption takes into account the specific issues of the situation.
For example, if the child over the age of 18 is attending college, it is possible that the judge will decide that the support must still be paid until he finishes the course. Precedent nº 358 of the Superior Court of Justice (STJ) defines that in this case the decision is at the discretion of the judge of the case.
See also the meaning of Principles of Public Administration it's from Public administration.