O prazo do estágio probatório frente à alteração do prazo da estabilidade.

Abstract

The Federal Constitution of 1988 disposed originally in your article 41 that the nominated public servers for position of effective provision by virtue of public contest were stable after 2 years of effective exercise. The constitutional amendment 19/1998 altered that period of acquisition of the stability of 2 (two) years for 3 (three) years. It happens that with the coming of such a Constitutional Amendment that it altered him/it period of acquisition of the stability, great part of the administrative starts to teach that that alteration also caused change in the temporary lapse of the probatory apprenticeship of the public servers of two for three years. This work seeks to really analyze the alteration of the period of acquisition of the stability it also caused change in the period of the probatory apprenticeship, of two for three years. That subject has been stage of many misunderstandings, and it has been generating a lot of doubts in the minds of several operators of the right. Therefore, he/she becomes necessary a study more deepened to analyze the Amendment constitutional no. 19/98 it really altered really him/it period of the probatory apprenticeship. For so much for the analyses made in the jurisprudential as well as in some authors and the distinctions of the institutes confronting them with the positionings doutrinarios, and of the Advocacy-general of the Union.