Análise crítica da acumulação remunerada de cargos, empregos e funções na Administração Pública no ordenamento jurídico brasileiro.

Abstract

The work in question was carried out through an analysis of regimes of accumulation of positions, functions and public jobs in Brazil, with a vision focused on the field of the servants of the Union, with discipline in its own law. We inquired: what Law No. 8112/1990 bringing information about the accumulation of positions, jobs and public functions and how these standards are interpreted? The deductive method was used, based on research in bibliography and related documents. The objective was to carry out a detailed analysis of the provisions of the aforementioned Law on the subject of the accumulation of public offices, and, specifically, to investigate the historical context in which a prohibition of cumulative charges arose; Search for concepts and related principles; Verify as a 1988 Constitution; See the question of accumulation; And, above all, observe what the Single Legal Regime establishes on the accumulation, carrying out an analysis of understandings of the administration, doctrine, Courts and control bodies on these rules. It was possible for a meeting that is not today to seek the State to prevent a single individual from concentrating several posts with remittance remunerations, an attitude that violates several principles and rules in the Major Law, infra-constitutional legislation and lower standards. It was verified as an issue addressed, which is the applicable rule as applicable exceptions, and, also, how the administration acts in the event of violation. It was found that jurisprudence on the subject and the internal and external understandings of the Executive Branch are abundant, which allows us to thoroughly study in this field.