Decree 12/2023 on Appointments in the Federal Public Sector

Decree No. 93/2018 prohibited that a direct relative of the President, Vice President, Chief of Cabinet of Ministers, Ministers or any official with the hierarchy of Minister could be appointed in any part of the Federal Public Sector under any modality.

Decree No. 93/2018 points out the need to limit the prohibition established by Decree 93/2018 only to those appointments or hires made under Law No. 20,744 on Employment Contracts, Law No. 25,164 on the Framework for the Regulation of National Public Employment and Decree 1109/2017 on Hiring Regime. In this way, it exempts from the prohibition the appointments that the President of the Nation makes by virtue of powers directly conferred to him by the Federal Constitution.

In its recitals, Decree 12/2023 states that Article 99 paragraph 7 of the Federal Constitution provides that it is the power of the President of the Nation to appoint and remove "ambassadors, ministers plenipotentiary and commercial attaches with the consent of the Senate" and that the President "on his own account (…) appoints and removes the Chief of Cabinet of Ministers and the Ministers, the officers of his Secretariat, consular agents, and other employees whose appointments are not otherwise regulated by this Constitution."

In summary, from now on, direct relatives of the President, Vice President, Chief of Cabinet of Ministers, Ministers and officials with the rank of Ministers may be appointed directly by the President to the positions of ambassadors, ministers plenipotentiary, commercial attaches (these first three, with the consent of the Senate), and to the positions of  Chief of Cabinet of Ministers, Ministers, officers of his Secretariat and consular agents.