NAPOLEÃO, J. G. S. B.; http://lattes.cnpq.br/6839497263918030; NAPOLEÃO, Jeniffer Gabrielle Silva Barbosa.
Résumé:
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.
