Es(ins)tabilidade dos servidores públicos: da gênese à crise do instituto

Abstract

The stability of civil servants, a characteristic feature of the legal regime of the Brazilian civil service, had its genesis based on the search for the removal of a patrimonialist administrative culture, being the institute responsible for ensuring the impartial, independent and impersonal functional exercise. Despite the great historical-constitutional relevance of the notion of stability for the Brazilian public service, wrapped up by the fundamental norm since the Constitution of 1934 - a movement that followed in the later Constitutions -, the winds that blew from the Washington Consensus in the course of the 90s , in which it was intended to spread the neoliberal ideology, led Brazilian political players to discredit the civil service career model and, gradually, to defend the adoption of the employment model (contrary to the systematic interpretation of the 1988 Constitution), marked by the transience and alternation in the exercise of public functions. The predilection for the neoliberal State project, to the detriment of the constitutionally adopted ideology, gave rise to the edition of two proposals for amendments to the Constitution, entitled by its creators of administrative reforms, who intended, in an effort to synthesize, to relativize (or, at least, weaken) the stability of public servants, without proposing, however, a new organizational model for the Administration personnel sector; in other words: they sought reform through reform, leaving the structural aspect of the Brazilian civil service to a secondary level, which was still rooted in a traditional culture of civil servants dating from the 19th century. It is warned, however, that this movement of crisis in the stability of civil servants, which was accentuated by the aggressive marketing adopted by administrative reforms, is only an indication of a much broader problem, which points to the crisis of the civil service itself. Therefore, it is necessary to give a new format to the structure and organization of the Brazilian civil service, seeking to adapt it to the new face of contemporary, infrastructural, multipolar and interconnected Administration, so that the distortions and vices that still tarnish the civil service are corrected. . Nevertheless, contrary to what was idealized by the reforming constituent, influenced by the neoliberal ideology, this correction of the route is not umbilically linked to the relativization of the stability of public servants, but the introduction of a new cultural of functionalism and the structuring of a new legal regime less imposing (statutory regime) and more consensual (contractual regime).