State Employer

Abstract

The article “The State as Employer,” by Márcio Cammarosano, provides a critical analysis of the State’s role as an employer, emphasizing its distinct legal nature compared to private entities. The author argues that, as a public legal entity committed to the common good, the State must adhere to constitutional principles such as impartiality, legality, and equality in employment relationships. The paper highlights legislative and administrative distortions that circumvent public examination requirements and statutory regimes, including excessive creation of commissioned positions, unlawful transpositions and transformations, and misuse of Article 106 of the Federal Constitution. Cammarosano advocates for a systematic constitutional interpretation and the protection of fundamental rights and guarantees for public servants, including those in autonomous agencies and state-owned enterprises. He emphasizes that compliance with the principle of equality demands public selection procedures even under labor law (CLT) frameworks. Finally, the author proposes constitutional reforms for textual clarity, civic education, and legal enforceability.