The right of giving up from a public position as a base for public servants’ reassignment

Abstract

The reassignment, which consists in the return of the stable public servant to the position previously occupied, due to the reintegration of the previous occupant or disqualification probationary in relation to another position, is very complex when in its practical application in the public offices. Furthermore, the reassignment of a federal servant after giving up from a new public position is, among the specific topics in the scope of reassignment, one of the most controversial ones. The present article intends to deal with the administrative evolution and the jurisprudence that led to the construction of the current interpretation on the reassignment of federal servants, when this occurs after a public servant gives up from a new public position.