FROM DIFFUSE CONSTITUTIONALITY CONTROL TO INJUNCTION MANDATES: MECHANISMS FOR IMPLEMENTING THE RIGHT TO CAREER PROGRESSION IN THE SCOPE OF MUNICIPAL PUBLIC SERVICE

Abstract

This article examines the municipal administration of Juazeiro/BA's failure to comply with the provisions of Law No. 2,606/2016, which establishes the Position, Career, and Compensation Plan (PCCR) for employees of the Department of Education and Sports, especially with regard to the percentages for horizontal progression (2.5%) and vertical progression/promotion (5%). Based on a lawsuit filed by Mailde Bonfim dos Santos Almeida and the counterarguments to the unspecified appeal filed by the Municipality, the study demonstrates that such omission constitutes material unconstitutionality due to the absence of effective regulation, subject to ordinary judicial control and, ultimately, via Writ of Mandamus (art. 5, LXXI, CF/88). Through a review of the literature and documentary research in the areas of the STF, STJ, and TJ/BA, the role of the Bahian judiciary in recognizing administrative omission and ruling on similar claims is highlighted, imposing salary revisions and repercussions on ancillary funds. The results reinforce the need for judicial intervention to fill regulatory gaps, ensuring the irreducibility of salaries and administrative efficiency.