O instituto da estabilidade no serviço público e a busca por eficiência através da reforma administrativa pretendida pela PEC 32/2020: análise crítica

Abstract

The present work aims to analyze the proposed change in the institute of stability of public servants, as proposed by PEC 32/2020, from a comparison with the current constitutional rule of matter and teleology that inspired the institute so that it can be to assess the effectiveness of the measures proposed by the Federal Government to achieve the purposes stated in the Proposed Amendment. A bibliographical investigation is proposed, contextualizing and conceptualizing the stability institute, its emergence and treatment in our legal system to the present day, a level that has been the constitutional guarantee since the Imperial Charter of 1824. Finally, it is intended to enter the field of tension between the ends pursued by the Federal Government with PEC 32/2020 and the adequacy of the change in the stability regime of servers to achieve it, while taking into account the risks of excessive flexibility of the institute.