SILVA, R. O.; http://lattes.cnpq.br/4672445134974763; SILVA, Rosemberg de Oliveira.
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.