Contrato de trabalho celebrado com a administração sem concursos e seus feitos.

Abstract

The labor agreement has been celebrated with the State evidenced the importance of the workforce and its fair recruiting for the pictures of the administration, while the jest to the public contest generates the workers' problem that they are unprotected to the finish of the contract. The method used in the research will be the dialeticodeductive, being used as technique for the elaboration of this work the documental research, by the use of primary source, and of secondary sources starting from written works, magazines and juridical ranches. It was analyzed the evolution of the right of the work historically in Brazil and in the world, as well as their reflexes in the powder-modernity. It was verified that was allowed the State to hire their servants in a wide way before the Federal Constitution of 1988, besides could abstract the public contest in the established cases in law. With the coming of the Constitution of 1988 the entrance in the public service started to depend on previous approval in public contest, excepted in the own Constitution the cases in that it will be dispensable the contest, remaining to the law just to delimit them, not could create other hypotheses. This way the public agents were approached that constitute in an including way all those that render services to the State, delimiting them to the statutory public servants, public employees and temporary servants, analyzing them under the prism of the juridical regimes that they link them to the State, as well as making distinction among position, job and public function. It will be approached of synthetic the public contest and its relationship with the administrative beginnings. The study field will be delimited the temporary servants, that they abstract the public contest, with the objective of assisting exceptional interest public's temporary need. When the temporary contract is depreciated of the permissive constitutional in the attempt of outlining the public contest becomes a null contract that according to the jurisprudence homeland to increase won't produce any effect, however juridical alternatives were looked for capable to base the announcement of positive effects in the null contract, as well as it was suggested alteration in the constitution text as one in the ways of guaranteeing to real to execut of these effects.