A inconstitucionalidade das restrições na seleção de servidores públicos federais temporários: análise da lei nº 8.745/93

Abstract

This monograph sought to conduct a literature review and critical of the constitutionality of restrictions on hiring temporary federal employees. The rule of mandatory prior approval to tender in art. 37, item II of the Federal Constitution, to the provision of jobs, employment and public functions admits exception. In section IX of the mentioned article, there is a constitutional provision contracting for a specified time to meet a temporary need of exceptional public interest. Because it is a constitutional rule of limited effectiveness, the Federal Government enacted Law n. 8.745/93 to regulate the matter. Occurs that the item III of art. 9º of that Act provides for a period of 24 (twenty four) months during which the person that had been hired temporarily under the law cannot make a new contract with the Public Administration. This is causing outrage constraint several citizens who seek legal provision to resolve the issue. Decisions converge in the sense that the device in question is unconstitutional because it violates the principles of Equality and Broad Access to Public Service. It will be analyzed this problem really hurts the constitution and fundamental rights, addressing the issue in accordance with the postulates of reasonableness and proportionality.