Administração Pública (artigos de 37 a 41 Constituição Federal de 1988) Parte 2

Summary

In this video, the presenter Éder Sabino Carlos discusses key articles (37 to 41) from Chapter 7 of Brazil's 1988 Constitution, focusing on public administration rights and regulations. Topics include the rights of public servants, such as the right to form unions, strike, and the reservation of jobs for people with disabilities. He also explains specific conditions under which temporary hiring can occur, salary limitations, and the compensation framework for public servants, ensuring fairness and transparency in governmental pay. The presenter emphasizes the legal structures that safeguard public service workers' rights.

Takeaways

• 😀 Public civil servants have the same right to join trade unions as private sector employees, but with restrictions like the prohibition of union negotiations through collective agreements.
• 😀 Public servants can strike, but only within limits defined by specific laws, and these laws are still pending, with Decree 1480 of 1995 used as a temporary guideline.
• 😀 The law reserves up to 20% of public job vacancies for people with disabilities, provided their condition is compatible with the job's responsibilities.
• 😀 There is provision for temporary hiring in exceptional cases where urgent public interest demands it, as defined by Law No. 8745 of 1993.
• 😀 Public servants' remuneration can only be set by specific laws, and it is adjusted annually to account for inflation, ensuring fairness across all government branches.
• 😀 The total compensation for public servants, including salaries and benefits, cannot exceed the monthly salary of a Supreme Court Minister in any branch of government.
• 😀 The compensation limits vary depending on the government branch: for instance, the Governor's salary sets the limit for executive branch salaries at the state level, and the Supreme Court Minister's salary sets the limit for judicial and legislative branches.
• 😀 The public sector salary caps apply not only to government workers but also to elected officials, judges, and other political appointees in federal, state, and municipal governments.
• 😀 No public servant or elected official may earn more than the equivalent of the highest-paid position in their jurisdiction (e.g., the Governor in the state, the Mayor in municipalities, or the Supreme Court Minister nationally).
• 😀 The law ensures equal opportunities for people with disabilities in public service, safeguarding up to 20% of job vacancies for candidates with compatible disabilities.

Q & A

What is guaranteed to public civil servants under Article 37, Section 6 of the Brazilian Constitution?

Article 37, Section 6 guarantees public civil servants the right to free union association, which is the same as that of private sector workers, but with some restrictions, including the prohibition of unionization through conventions and collective agreements.

Can public servants in Brazil go on strike? If so, what are the limitations?

Yes, public servants can go on strike, but the right to strike is exercised within the terms and limits defined by specific legislation. However, this law has not yet been fully regulated, and the 1995 Decree 1480 is used as a guideline for federal public service strikes.

How does the Brazilian law reserve positions for people with disabilities?

Brazilian law reserves up to 20% of public job vacancies for individuals with disabilities, provided that the job requirements are compatible with their disability, according to the legal framework of the 1990 Law 8112.

Is it possible to hire someone without a public competition in Brazil? Under what conditions?

Yes, Brazilian law allows hiring without a public competition in exceptional cases where there is a temporary need or urgent public interest. This is regulated under Law 8745 of 1993.

What does Article 39, Paragraph 4 of the Brazilian Constitution say about public servants' remuneration?

Article 39, Paragraph 4 establishes that public servant remuneration and salaries can only be fixed or changed through specific laws, with each governmental sphere having the exclusive right to determine the remuneration of its employees, and it must include an annual revision to adjust for inflation.

What is the remuneration limit for public servants according to the Brazilian Constitution?

Public servants' remuneration cannot exceed the monthly salary of Supreme Federal Court (STF) ministers. In each governmental sphere, such as the executive, legislative, and judiciary branches, the remuneration limit is based on the respective top official, such as governors, deputies, or judges.

What is the relationship between the salaries of municipal public servants and their respective governmental limits?

In municipalities, public servants' remuneration is capped at the salary of the mayor, while city council members (councilors) can earn up to 75% of the salary of state deputies.

What impact does the remuneration ceiling have on public servants in Brazil?

The remuneration ceiling ensures that no public servant can earn more than the established top salary for their respective branch of government. This provides a standardization to prevent excessive pay disparity across different levels of public service.

How is the salary ceiling for state and federal public servants determined?

The salary ceiling for state and federal public servants is set according to the salary of key positions such as governors (state), and the President or ministers (federal). For example, state and federal legislative and judicial positions have their pay limited to certain percentages of the STF ministers' salaries.

What is the significance of the 1995 Decree 1480 concerning public servants’ strikes?

Decree 1480 of 1995 outlines the procedures to be followed during public servant strikes and serves as a guideline for the public sector in case of service interruptions, though the formal legislation on public sector strikes is still under regulation.