A(im)possibilidade de dispensa imotivada do empregado de empresa pública e sociedade de economia mista, prestadoras de serviços públicos.

Abstract

This study consists in analyze the possibility of public employees working in public companies and joint capital company be dispensed from unjustifiably. The public companies and joint capital companies to be juridical persons of private law are subject to specific legal regime. However, when the object of activity of these state owned enterprises is linked to the public interest, they are subject to certain constitutional restrictions, such as the entry through public tender. This way, in recent years it realizes that demand for people looking for a vacancy in the public service steadily grows, this leads to reflect on the benefits that the state owned enterprises can bring to the civil servant. Because of this, as the fight for entry into public administration is not an easy task, as takes time, knowledge and patience, it is of utmost importance to deepen the study of the arrangements applied on entities of Public Power, so as to understand what each State agency offers. Thus, will be addressed in this research the constitutional principles governing public administration in general, the entities that compose the public administration, in other words, its structure, the role of each of these entities in the search for meeting the public needs, the composition of Entity staff establishment plan, emphasizing in particular public enterprises and joint capital companies providers of public services that are the subject of this work. It explores also the meaning of dismissal without cause and their relation to stability, which is very institution of the occupants of effective provision of office. To reach the conclusion uses a normative approach, doctrinaire and jurisprudential to understand the legislative omissions in the Brazilian legal system. It was used in this study deductive approach method which is part of one or more general premises and reaches one or more particular conclusions. The method procedure used was documentary research, and the research technique was the literature. So, are analyzed in the doctrinal and jurisprudential understanding to come to the conclusion if is necessary or not the motivation as validity requirement for acts of dispenses of public employees