Flexibilização da estabilidade do servidor público em face do principio constitucional da eficiência.

Abstract

With the advent of democracy as a form of government, the alternation of political groups in power has become a daily practice, however, accompanied by damage to the continuity of the public services in the face of the constant replacement of servers, because they don't put themselves in the winner group ideology group winner. Searching improve the public services provision as well as give a assurance to the servers, appeared the stability institution, to maintain the administrative continuity after the change managers. In the face of successive crises of performance in the public sector, many of them attributed to the low income of the stabilized servers the Modern State has obliged to reflect and reshape the legal guidelines necessary for the development of administrative activities more dynamic and efficient. In Brazil administrative reforms have emerged in the half of the 30 period and culminated with the adoption of Constitutional Amendment n 0 19/95 of stability and flexibility once full of character. It is observed that the issue is extremely important for the life of the government and its officials was therefore highlights the achievements in their actions, in accordance with the efficiency principle. To the realization of this essay, it used the evolutionary history method, indicating the historical development of the institutes in question, then, using the exegetic-legal method, there was detailed analysis of existing legislation, both the constitutional, underconstitucional and as a bill, and then using the structuralist method, establish a legal structure in which they fit the principles of efficiency and stability of the server. In parallel, using the comparative method in the examination between projects and laws that deal on removal of the server because of performance. Finally, there was review of the literature specialized in the administrative branch to extract the concepts and beliefs necessary for understanding the subject. It was observed that stability was established to protect public servants against the oscillations of power offered by democracy. However, the protection ended up being seen as a trap, because the insensitivity of some of servers to the importance of their public functions. With the constitutional changes, stability continues to exist and was just relaxed, unlike the theory extinct heralded by some doctrine. It appears that despite the EC No 19/98 there for over ten years, many entities of the federation not implemented in their daily administrative regular evaluation of performance. In this case, loved the most advanced in the area are the Union and the State of Minas Gerais. In addition to doctrinal debate about the right of the server was the date of publication of this amendment, has been the discussion around the sequential faults committed by administrative reforms and the difficulty of implementing a culture of evaluation of results. It is concluded that the government only if it modernize all sectors involved purchase of the importance of their role in achieving the public interest and agreed to be evaluated, with the consequent correction of deviations noted.