Fase da investigação social nos concursos públicos: análise de sua constitucionalidade

Abstract

The public examination is the most democratic form of access to the civil service. As administrative procedure is, owes obedience to explicit and implicit constitutional principles applicable to government as well as the rights and guarantees, all under the Constitution of 1988. Often happens that the rights of candidates are violated under the most diverse forms, is essential to judicial review of the public examination. And makes a recurring ways in which public administration violates the rights of candidates is precisely in social research, which is the phase of the event responsible for assessing the moral character and reputation of the candidates to certain public offices and positions. The assumptions commonly found in either redound to arbitrary edicts, sometimes violate the principles of reasonableness, proportionality and the presumption of innocence on the grounds of an alleged administrative morality, primacy of public interest over private and regular exercise of administrative discretion. Demonstrate will therefore unconstitutional exclusion of these hypotheses candidates, plus minor procedural issues necessary for the correct understanding of the problem called into question. Finally, it will examine ways of harmonizing the various constitutional principles involved, notably the presumption of innocence and administrative morality.