O nepotismo na administração pública: considerações à luz do ordenamento jurídico brasileiro a partir de 1988

Abstract

This paper analyzes the nepotism in the public administration. Nepotism is the practice of encouraging people who have blood kinship or marriage, putting them to occupy public office regardless of their professional capacity. The government can understand the organs, organizations and individuals that carry out the administrative activity of the State, and can be seen as his own administrative activity. Public officials are the individuals who at some point provide the public service, regardless of compensation, they join the administration as a rule, through public tender, but there is a caveat to the commissioned positions that are free appointment and dismissal. The Brazilian legal system prohibits the practice of nepotism, because such a practice, in addition to violating principles of the Federal Constitution of 1988 as the impersonality and morality, is prohibited in laws and decrees. Even the court largest in the country, the Supreme Court has already held that subject and produced the Binding Precedent No. 13 forbidding the practice of nepotism.