Avaliação de desempenho do servidor público: entre o princípio da eficiência e as garantias do servidor-cidadão

Abstract

This dissertation deals about field of study still under­explored by Law Science the public server performance evaluation and its necessary implication with the principie of eficiency and the rights of the server as a citizen. This institute, traditionally studied by the Administration Science, is analyzed under predominantly legal point of view, mandatory since the constitucionalization of such figure by the 19th Constitutional Amendment, in June, 4th, 1998. Questions about that lnstrument innovative capacity, about its constitutional species and goals, as well as about its procedural nature topics to be analyzed under the perspective of the Democratic Law State still need answering among law scientists. In addition to it, the severe criticism concerning the subjectivism on the implementation of the performance evaluation stands as an obstacle to be overcome o as to allow its faithful consolidation in the Brazilian law system. Based on theoreticdeductive reasoning, it is possible to conclude, despite the intimate relation of the performance evaluation with the eficiency under an economist bias, its inclusion in the constitutional body demands its understanding also under a democratic perspective. The Public Administration cannot implement the performance evaluation based only on its necessity to chase public interests, focusing the Server as a mere object or instrument to be evaluated. The server is also subject of rights in relation to the Public Administration, which he or she integrates. Finally, the judging administrative activity must overcome the dogma of objectivism, realizing the necessary presence of subjectivism in such issue, reason why that cannot be a motive to void the implementation of such management instrument at all.