Contratação por tempo determinado com a administração pública.

Abstract

The public Administration is the sphere that fits our object of study, and for better understanding conceptualizing public administration it is seen that it is the activity of the State on behalf of the collective interests. Contract is the strategic subject of this study, in latu sensu is understood by it like the agreement between the parts, however the contracts that we will go deeper into this work will be the public ones that are institutional, unilateral, and under " empire " of the public administration. The article 37, of the Federal Constitution among the observed legislation is most analysed, he reports the open competition and the exception, which is the employment for determined time principal object of this work. The legal possibility of this temporary employment follows two requisites: the foresight definite in law and the temporary necessity of exceptional public interest. This present exception in the article above quoted, was allowed by the Constitution Federal and provided by complementary law, of number 8.745/93 in the federal extent. This scientific work behind relevant examples of temporary employment, healthy you link the employment of substitute teachers of the public universities, and the contracts of the communitarian agents of Health and of combat to the these endemias last two the inserted ones for the Constitutional Correction n°. 51/06. The employment for the public administration there have been the different forms of the straight employment as the public administration, here we exemplify the employment for terceirizagao of enterprise prestadora of service and employment for carried out this OSCIPs through terms of partnerships for execution of projects. The employment is an act of great seriousness of the authority of the being contractor, when considered irregularidades is held the administrator responsible contractor, being able to produce administrative improbity, as a result of the irregular employment, in other words, when carried out without filling out of the legal requisites, being able to be reached by the LRF. It is a rule to obligatoriness for open competition, therefore when public being contracts for determined time the viabilizar has to for the legal requisites, not to perish in the infringencia to the contest. The understanding of the STF is which filling out of the posts must be for open competition, but that there are exceptions in the Constitution itself, which fits in the article 37, IX, CF, the temporary employment. So, following the legal ordinance for his validity, and on the principle of the efficiency of the public utilities I bring the requisites of his permissibilidade into line with the employment for determined respected time principally for federal programs.