Civil servants
DOI:
https://doi.org/10.48143/rdai.v9i32.752Keywords:
Civil Servants, Public Competitive Examination, Unified Legal Regime, Job Stability, Administrative Law, Brazilian Constitution, Temporary HiringAbstract
The article “Civil Servants” by Márcio Cammarosano offers an in-depth analysis of the legal regime governing public servants in Brazil’s direct and indirect public administration. It focuses on the constitutional requirement of public examinations, the unified legal framework, and rules regarding job stability. The author emphasizes the principle of equality as the basis for mandatory competitive examinations and criticizes legislative and administrative practices that undermine this principle, such as excessive creation of commissioned positions, unjustified transfers, and unconstitutional hiring. The article also examines the concept and scope of the unified legal regime (art. 39 of the Constitution), the exceptional stability clause (art. 19 of the ADCT), and the standards for temporary hiring (art. 37, IX of the Constitution). Cammarosano argues for the prevalence of the statutory regime for permanent staff, allowing CLT-based contracts only in exceptional cases, always aligned with public interest and constitutional principles of morality and legality in administration.
Downloads
References
BANDEIRA DE MELLO, Celso Antônio (coord.) Direito administrativo na Constituição de 1988. São Paulo: Revista dos Tribunais, 1991, p. 169-198. Transcrição realizada por Maíra Simões de Souza.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2025 Journal of Public Law and Infrastructure | RDAI

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
This journal is licensed by (CC BY-NC-ND)
Submission and publication of articles are free; peer-reviewed; the journal uses CrossCheck (anti-plagiarism); and complies with the COPE Editors' Guide; Committee on Publication Ethics, in addition to the Elsevier and SciELO recommendations.
Check the Rules for the submission and evaluation of the RDAI.