A garantia da estabilidade do servidor público em face da constitucionalização do princípio da eficiência

Abstract

The Constitutional Amendment n° 19/1998 made changes to the 1988 Constitution of the Federative Republic of Brazil, especially regarding the “flexibilization” of the public server stability guarantee, the inclusion of the principle of efficiency in the list of the guiding principles of public administration and the implementation of performance evaluation with public servers. In this sense, this study will first present a conceptual and historical analysis of the stability, the public servers, the efficiency and the performance evaluation. Then, the changes introduced by the Constitutional Amendment N° 19/1998 will be discussed. It should be evident the collision between stability and the performance evaluation with public employees, from their instrumentation to effect the efficiency. Later, a harmonization proposal will be exposed relating these institutions and considering the indispensability of each of them to effect the public interest, the most important foundation of state intervention in the social field.