Aplicação do princípio da eficiência em face da estabilidade dos servidores públicos civis da união.

Abstract

The administrative efficiency and stability are imperative norms of the legal regime of public law by valuing public service delivery in strict compliance with the public interest and satisfy it effectively. . The Federal Constitution of 1988 provides for the efficiency as a principle of Public Administration and stability as a right of public servants to remain effective in public office, both being necessary to the administrative law and, on certain conditions, conflicting. Thus they are essential to achieving the public needs, you can see, our times, the existence of a conflict of these constitutional stability as has been seen not as a prerogative for the fulfillment of public service, but as a mere administrative privilege which causes delays in providing services and prevents the realization of the constitutional principle of maximum efficiency. Thus, the legislative reform, through the EC no. 19/98, mitigated stability in support of efficient service delivery through regular performance of public servants as a way to demand the return of this function. However, no regulatory infra norms prevent the execution of the evaluation causing "discomfort" to find ways to reconcile these constitutional requirements without affecting the public interest. In this vein, this monograph seeks to analyze ways to maximize the effectiveness of both the constitutional order that the public interest is met satisfactorily. For this, the methods used: deductive reasoning, starting from the analysis of the constitutional legal parental rights would result in the best way to weigh them, provided that the monographic examination of the proposed theme of the characteristics of stability and efficiency; provided that the typological determine an ideal type of assessment of publics servants, and, finally, the law guaranteed the exegetical analysis of legal provisions about the subject.