A inaplicabilidade da teoria do fato consumado ao provimento de cargos públicos.

Abstract

Faced with the opportunities offered by public service, growing is the number of people who provide public event for access to functional frameworks of public administration. In this context and given the fallibility of concrete acts that guide the public competition, many candidates seek the judiciary to contest alleged addiction to competition provided. Thus, several times after enjoyed its claims, are enforced in the intended slots by virtue of a precarious court decision, resulting in so-called appointments precarious of public office. Such candidates, therefore, due the precariousness of the decision before judgment, shall be subject to judicial setbacks and can view later the judicial decision, repealed/revoked, which was before issued in their favor. In this case, faced with the imminent possibility of exoneration, servers precariously inducted justify their need on staying in office based on application of the theory of the fait accompli, clamoring for international validation of the facts carried out over time. Such theory, in turn, in the field of public procurement has been currently rejected by higher courts, whose current dominant jurisprudence walks towards the necessary rupture of precarious link previously established, although the passage of time has stabilized the underlying factual situation.