FUNCTIONAL AVAILABILITY LIMITS FOR MILITARY CAREGIVERS: DISABILITY PROTECTION, ADMINISTRATIVE LEGALITY AND EXTRA-DUTY DEPLOYMENT IN THE PARANÁ MILITARY POLICE

Abstract

The working-hour reduction granted to state military police officers responsible for a person with a disability lies at the intersection of constitutionally grounded assistance, administrative legality, and the preservation of operational capacity in public safety forces. In the State of Paraná, Article 63 of State Law No. 18,419/2015 guarantees a reduction in weekly working hours without loss of remuneration, while paragraph 5 prohibits the beneficiary from engaging in any work activity, paid or unpaid, for as long as the exemption lasts. Article 7 of State Law No. 19,130/2017, in turn, prohibits employment in the operational activity covered by the Special Daily Allowance for Voluntary Extra-Shift Activity (DEAEV) during any temporary leave. This article examines whether a partial working-hour reduction may be treated as temporary leave and whether paragraph 5 of Article 63 automatically prevents employment in DEAEV. Through qualitative, doctrinal, and documentary research, it analyzes the constitutional and conventional framework, STF Topic 1,097, state legislation, and related case law. It defends the thesis that DEAEV has a strictly statutory nature, distinct from private labor activities prohibited by law, and that partial hour reduction cannot be equated to full leave. A three-test decision model is proposed to guide administrative rulings, connecting with National Bill No. 564/2024.