A vedação ao acúmulo de cargos, empregos e funções públicas e as implicações da súmula 246 do TCU em face dos princípios da eficiência e da economicidade

Abstract

The accumulation of positions is controversial within the public service and management doctrine. The prohibition of this possibility, in turn, raised for the first time in the imperial period by José Bonifácio, finds its perpetuation and validity in the current Brazilian Magna Carta, the Constitution of 1988, which established the democratic state in Brazil. According to it, based on the constitutional principle of efficiency, except for some cases, citizens may not accumulate remunerated positions, in order to preserve the full and qualitative execution of the public service. Nevertheless, the Precedent 246 from the Tribunal de Contas da União (TCU), which prohibits the possession of a public position when the person already holds another one, even when licensed from it and not receiving remuneration, makes preponderant the aspect of the position being public, instead of the accumulation of wages or the inefficiency in service delivery. Therefore, this work aims at assessing the real assumption under which this prohibition lies, whether it has to do only with its links with the State, or the principles of efficiency and economy.