Nomeação para cargos comissionados e funções de confiança: obediência a princípios constitucionais e adoção de seleções internas

Abstract

The nominations for commissioned positions and functions of trust in the Public Administration are acts performed in the exercise of discretionary appreciation and must occur in the light of the constitutional principles of isonomy, legality, impersonality, morality, publicity and efficiency. Thus, in making these appointments, the public administrator must opt for instruments that guarantee the maximum compliance with the principles listed above. The present work shows that the mere indication as a form of occupation of positions and functions of trust does not ensure compliance with the constitutional principles which rule the Public Administration and that the internal selections are the most adequate instruments for filling these positions or functions. For this, the methodology adopted in this work involves literature review, documentary research and data collection on the positions and functions, remuneration structure and internal selections already made at the Court of Audit of the State of Ceará and at the Superior Electoral Court. The adoption of objective and meritorious standards in nominations for commissioned positions and functions of trust becomes urgent in order to avoid misuse of these appointments as a bargaining chip to obtain political support, to serve particular interests or to the promotion of corrupt practices.