Acórdão nº 4029 de Tribunal Pleno, 29 de Junio de 2012
Magistrado Responsável | Min. Luiz Fux |
Data da Resolução | 29 de Junio de 2012 |
Emissor | Tribunal Pleno |
Tipo de Recurso | Ação Direta de Inconstitucionalidade |
Desi��o
O Tribunal, por maioria e nos termos do voto do Relator, julgou parcialmente procedente a ação direta, com modulação da eficácia, contra os votos dos Senhores Ministros Ricardo Lewandowski, que a julgava improcedente, e Marco Aurélio, que a julgava de todo procedente.
Votou o Presidente, Ministro Cezar Peluso.
Impedido o Senhor Ministro Dias Toffoli.
Ausente, justificadamente, o Senhor Ministro Joaquim Barbosa.
Falou, pela Advocacia-Geral da União, o Ministro Luís Inácio Lucena Adams, Advogado-Geral da União.
Plenário, 07.03.2012.
Decisão: O Tribunal acolheu questão de ordem suscitada pelo Advogado-Geral da União, para, alterando o dispositivo do acórdão da Ação Direta de Inconstitucionalidade nº 4.029, ficar constando que o Tribunal julgou improcedente a ação, com declaração incidental de inconstitucionalidade do artigo 5º, caput, artigo 6º, §§ 1º e 2º, da Resolução nº 01/2002, do Congresso Nacional, com eficácia ex nunc em relação à pronúncia dessa inconstitucionalidade, nos termos do voto do Relator, contra o voto do Senhor Ministro Cezar Peluso (Presidente), que julgava procedente a ação.
Impedido o Senhor Ministro Dias Toffoli.
Ausentes, justificadamente, o Senhor Ministro Joaquim Barbosa e, nesta questão de ordem, o Senhor Ministro Marco Aurélio.
Plenário, 08.03.2012
Partes
Reqte.(s) : AssociaÇÃo Nacional dos Servidores do Ibama - Asibama Nacional
adv.(a/S) : Diego Vega Possebon da Silva
intdo.(a/S) : Presidente da RepÚblica
adv.(a/S) : Advogado-Geral da UniÃo
intdo.(a/S) : Congresso Nacional
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