Uma análise ética e jurídica em processos institucionais de acumulação de cargos públicos

Abstract

This research analyzes, ethically and legally, the rule versed in AGU Opinion GQ - 145, which restricts the workload performed by the server, in a situation of accumulation of public positions, to the limit of sixty hours a week. To this end, it brings introductory considerations about the hypotheses of accumulation of positions in the Federal Constitution. Later, he studies public service ethics and John Rawls' theory of justice, with the purpose of ascertaining whether the rule complies with the values of freedom and equality - which are also found in the body of the Federal Constitution. Next, it examines the applicability of the constitutional norm of accrual of positions and the understanding adopted by the Superior Courts of the country on the subject, with a view to verify the constitutionality of the rule disposed in the Opinion of the AGU. The subjects are analyzed from the perspective of the processes of accumulation of positions of a Federal Institution of Higher Education, reason why the Study proposes, ally, a change of understanding, through the making of a Letter of Recommendation to the Ministry of Economy.