Processo de privatização das empresas estatais brasileiras: uma análise a respeito do direito ao emprego pelos empregados públicos.

Abstract

The present study seeked to examinate the effects of the reduction policy of the State (privatization) on front of right of employment of the public employees, giving emphasys on the possibility of the public employees from the public companies and semi-public societies that exert economic activity. This possibility embraces a set of inquiries, since the Federal Supreme Court conceded through Extraordinary Appeal the guarantee of motivation on acts of unilacteral dismissal of the public employees from the public companies and semi-public societies who provide public service, keeping inert in which concerns the public employees from the state companies that execute economic activity. The public companies and semi-public societies that provide public service or exert economic activity are submitted to legal regime of private law, however, due to their act on seeking the public interest, also are cumulatively subjected to the regime of the public law, thus subjecting to the hybrid regime. The public employees are put through a series of constitutional rules, such as the public tender and the constitutional ceiling of the public funcionalism. Were aborded on this research: the explicit and implicit principles of the Public Administration wich the public employees must considerate by acting on their public function; the structural organization of the Public Administration, with na emphasys on the organization of the administrative entities. It was analized the legal nature of the state-owned companies providers of public service and the societies that exert economic activity. It was demonstrated the background of the privatizations, and, in order, a overview of the state companies in process of privatization and an analysis of the right to employment of the workers in those companies. The public employees could be dismissed due to privatization, however, before the damage or threat to their right, those could invoque the legal means pursuing the reinstatement of the public employee. The method of approach used was the deductive one, based on true and unquestionable arguments to reach a formal conclusion. The research technique was qualitative because it was developed based on descriptive, comparative and interpretation. The method of procedure was the bibliographic, legal and historical.