MUNICIPAL ATTORNEY GENERAL:

Commissioned Position, Local Autonomy, and Judicial Review.

Abstract

This article examines the legal admissibility of appointing Municipal Attorneys General on a commissioned basis, in light of constitutional parameters and the consolidated jurisprudence of the São Paulo State Court of Justice and the Federal Supreme Court. The investigation focuses on the possibility of designating individuals who are not members of the Public Advocacy career to head municipal attorneys’ offices, a historically controversial issue in the São Paulo context. To this end, it undertakes a systematic analysis of the legislative competence regime in the Brazilian federal state, as well as the implications of the principle of municipal autonomy on the structuring of advisory and litigation functions within municipalities. The study also addresses the jurisprudential evolution of the São Paulo Court and the factors that motivated its shift in interpretation, along with the position of the Supreme Court, emphasizing the constitutional foundations that guide the political choice of the head of the local attorneys’ office. Finally, the article explores the institutional and political dimensions underlying such appointments, highlighting the tensions between technical rigor and administrative discretion.