Aspectos polêmicos sobre a constitucionalidade da incorporação dos militares temporários voluntários

Abstract

The recent change in the legal regime of the Military of the Brazilian Armed Forces – Law nº. 13,954/19, sought, through formal compliance with the constitutional matrices, to legalize the teratological figure of the Temporary Volunteer Military. Through the legal-dogmatic study of temporary hiring for the exercise of public service, provided for in item IX, of article 37, of the Federal Constitution, it is proposed to demonstrate the unconstitutionality of the incorporation of these public agents, through comparative investigations within the Brazilian legal system . Through the theoretical study of the relevant legislation, understand the systematic provided for in the Original Federal Constitution about public servants, distorted by Constitutional Amendment no. 18/98, having as a theoretical framework the work of Gustavo Alexandre Magalhães, Temporary hiring for exceptional public interest: controversial aspects, to prove the hypothesis of the unconstitutionality of the Temporary Military Volunteer, which does not fall within the constitutional modalities of exception to the public examination for contracting for a fixed period, nor does it seek to serve a temporary public interest.