Análise da (in)segurança jurídica nas relações trabalhistas no setor público do Brasil

• Autor(a) principal: Gomes, Cassiano Moraes
• Data de Publicação: 2014
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: LOCUS Repositório Institucional da UFV
• Texto Completo: http://locus.ufv.br/handle/123456789/1998
• topic: Administração pública; Serviço público - Relações trabalhistas; Insegurança jurídica - Relações trabalhistas; Public administration; Public service - Labor relations; Legal uncertainty - Labor Relations; CNPQ::CIENCIAS SOCIAIS APLICADAS::ADMINISTRACAO::ADMINISTRACAO PUBLICA

Constitutional principles indicate and reflect values of society in the historical moment and therefore must be protected, and impose measures to accomplish them. Today, in Brazil, the efficiency of public administration activity is a constitutional principle. That principle has been incorporated into the Brazilian legal system through Constitutional Amendment 19/98 instrument of administrative reform oriented towards the New Public Management, a paradigm that has been adopted in several countries (USA, England, New Zealand and other) from the 70s. However, there are obstacles to the realization of the principle of efficiency. One is the legal uncertainty provided by the vagueness of some rights, especially labor rights of public servants. The strike, for example, though it happens in contemporary Brazil, especially after the 1988 Constitution, yet it was not regulated, whereas the right to stability and responsibility in hiring has interpretive uncertainties. The right to collective bargaining does not exist for public employees, but the union right to free association (art. 37, VI, of the Constitution) was guaranteed. Therefore, there s a lack of the necessary xlegal outlines when related to these issues. The legal uncertainty arising from the lack of regulation of these and other labor rights of public servants allows abuse of rights, undue restrictions on constitutionally established rights, breach of commitments and disorder, which contradicts the principle of efficiency. To overcome this scenario, the regulation of these rights is necessary, and some measures to suppress these gaps already exist, although still incipient or precarious, as the Supreme Court decisions in an injunction on the right to strike of public servants. If, on one hand, the mere regulation of rights may not be sufficient to change the reality on the other hand, is an essential principle of the implementation of the Efficiency of Brazilian Public Administration factor.