Terceirização na administração pública versus concurso público: fundamentações e repercussões.

Abstract

The problem that motivated and justified the preparation of this work arises from the concern arising from the question: is the implementation of outsourcing within the Brazilian Public Administration compatible with what is established in art. 37, II, of the Federal Constitution of 1988 (CF/88), regarding the investiture in public office or employment? Based on this, the hypotheses raised are that: outsourcing does not safeguard the worker's rights and guarantees outlined in the CF/88; and, outsourcing, when implemented in the public sphere, constitutes a mechanism of relativization/burden on the obligation to hold public contests. Thus, this research aims to analyze the legitimacy and repercussions of the implementation of outsourcing in the Brazilian Public Administration in face of the constitutional determination of investiture by public competition. The accessory objectives of this study are to investigate the regulation of this method of contracting, investigating the relevant legislative and jurisprudential sources, its applicability in the state context and its implications. As for methodology, the current study consists of a qualitative, exploratory research. The method of approach employed is deductive and the method of procedure, in turn, is historical-evolutionary. In addition, the bibliographical and documental research techniques are used. Based on the constitutional principles inherent to the Public Administration, observing the relevant legislative provisions regarding the investiture in its staff, as well as what outsourcing is and the implications resulting therefrom, it becomes clear that despite the provisions of art. 37, II, of CF/88 and the diluting character of the rights of the citizen-worker, outsourcing has been adopted by the Public Administration as a useful way to avoid public competitions.