Direito subjetivo à nomeação para o candidato aprovado dentro do número de vagas em concurso público

Abstract

This juridical monograph analyzes the institute of the public contest trying to establish the border between the administrative discretionarily and the linking of the approved candidates' nomination in public contest. In the current social context, because of the enormous growth in the unemployment rates and the great instability for the workers that act in the private section of the national economy, the approval in public contest has been acquiring relevant interest of the population in general being seen by many as a way of social ascension. Thos, for being an administrative procedure in which the focus finds dense competitiveness between the applicants to the positions and the public jobs, the public contest not rarely yields opportunity to the establishment of conflicts among candidates, or between these and the State itself. In this sense, it is important to clarify any kind of doubt type that can rise on the theme. Moreover, among other points that are generating immense controversy, they are related to the candidates approval. This way, this work seeks the to answer this central question: the approval in public contest within the number of vacancies presented in the announcement, being already filled out the other requirements for the grating of the position or the public job the object of the matter, does confer the subjective right to the nomination or yet, the contestant must await for the convenience and the administrative opportunity, once it is a discretionary action having the candidate, in these situations, a mere right of expectation?