Direito subjetivo á nomeação de candidato aprovado em concurso público e o poder discricionário da administração pública.

Abstract

This study course completion aims to analyze the subjective right to appointment of successful candidates in tender inside of the positions offered in the announcement. Thus, a description of the influence of the struggle for the tender along the Brazilian Constitutions will be made. For this institute is to provide greater morality and impersonality to acts performed by public power. Soon after the constitutional principles will be described, these explicit in the constitution, fundamental to the tender: legality, impersonality, morality, publicity and efficiency. Discretion, unavailability of public interest, Supremacy of the Public Interest and Public Service Continuity: In addition to the principles of administrative law, implicit in the legal system, basic to the functioning of public administration however. And after knowing the evolution of the public tender and its grounds, will discuss the doctrinal understanding of the issue and case law, and decisions of the Superior Court and Supreme Court Federal analyzing how far this right will persist appointment and where this right collides with discretion Public Administration. The search method will be through existing doctrines, Brazilian legislation, case law nationwide, scientific content and sites.