Dos concursos públicos destinados exclusivamente ao cadastro de reserva- uma abordagem frente à constituição federal

Abstract

The Constitution provides in its art. 37, inciso II, that the investiture in office or public employment will depend on prior approval in public competition of tests or evidence and titles, nothing Treating about tender for reserve register or about the reserve register itself. Senso thus, Given the occurrence of several competitions destined, only, to the register of reserve, the present work was the analysis of these competitions, in front of CFRB / 88, with the objective of assessing its unconstitutionality. For so much, was performed a study of the concept and route by which the contests passed along the course of the history, as well as its implantation before the constitutions, evidencing the small transformations and dressing that the contest achieved during the years. Subsequently, it is verified that the advent of the reserve register in contest for this specific purpose, is a maneuver creation of the public administrator to get rid of the obligation consolidated higher courts about the subjective right of appointment of candidates approved in competition with quantity of vacancies expressed in public notice. Lastly, it is observed, by the functional semantic literality of the principles addressed in work, the blatant affront of these contests to the Constitution, arriving at the conclusion, that these are under the optical the CRFB / 88 unconstitutional because they collide with the precepts related to the acts practiced by the Public Administration, among them, the holding of public tender, highlighting still, at the end of this theme, which exist legislative proposals on the subject in order to abolish the holding of such competitions.