Aula 03 Lei 8.112/90 para concursos INSS, TRT, PF, PRF

Summary

This video covers essential concepts from Brazil's Law 8112/90, focusing on the probationary period (estágio probatório) for public servants. The probationary period lasts 3 years, not 2 as previously stated, and is required for each new role a servant assumes. The script also addresses situations where public servants may lose their job, the criteria for evaluating their performance, and what licenses or positions they can take during probation. Key topics include reappointment, failure to pass probation, and the conditions under which a stable public servant can lose their position.

Takeaways

• 😀 The probationary period for public servants is a test phase to evaluate their suitability for the job. It is mandatory for each new position they take.
• 😀 The probationary period is generally 24 months (2 years), but the 2020 administrative reform aligned it with the 3-year period for achieving stability in a position, as per the Brazilian Federal Constitution.
• 😀 If a public servant is unsuccessful in their probationary period, they are exonerated, not dismissed. However, if they hold another stable position in a different role, they may be reassigned (recondução) to that previous position.
• 😀 The probationary period is independent for each new role a public servant holds, meaning they may need to prove their suitability in multiple roles to gain stability.
• 😀 The stability a servant gains in a position does not accumulate with other roles. Stability is only granted after three years of effective service in one role, and transferring between roles resets the clock for the new probationary period.
• 😀 The main evaluation criteria during the probationary period are: assiduity (attendance), initiative, productivity, and responsibility.
• 😀 Public servants in probation can take certain types of leave, but they cannot take specific leaves such as for union mandates, personal interests, or training during the probationary period.
• 😀 Probationary public servants can hold commissioned positions or assume trust functions, but only within the same organization or entity, and only for higher-level positions (such as positions with DB-4, DB-5, or DB-6 classifications).
• 😀 A stable public servant can lose their position through a final court ruling or an administrative disciplinary process, which guarantees due process and defense rights.
• 😀 There are additional reasons for losing a stable position, including periodic performance evaluations (regulated by complementary law) and the need for budgetary cuts in public personnel expenses, as outlined in the Brazilian Federal Constitution.

Q & A

What is the probationary period for public servants under Law 8112/90?

The probationary period for public servants, according to Law 8112/90, is 36 months (3 years) to attain stability, despite the law originally stating 24 months (2 years). The 24-month term is no longer considered valid due to constitutional changes and judicial interpretations.

What happens if a public servant fails the probationary period?

If a public servant fails the probationary period, they are not dismissed but are exonerated. If the person holds another position where they have already attained stability, they can be reinstated to that previous position through the process of 'reconduction.'

Can a public servant who passed probation in one role skip probation when moving to another role?

No, a public servant must undergo a new probationary period every time they move to a new position, even if they have already attained stability in a previous role. The new probationary period is required because the responsibilities and competencies may differ.

What is the duration of the probationary period for each new public service position?

For each new public service position, the probationary period is three years of effective service, as per the constitutional reform. Even though the law previously indicated two years, this is no longer valid.

What are the factors evaluated during the probationary period?

The factors evaluated during the probationary period include assiduity (attendance), initiative, productivity, and responsibility. These criteria help assess the public servant's suitability for the role.

What types of licenses can a public servant in their probationary period take?

A public servant in their probationary period can take various types of licenses except for the mandate classista (related to union positions), licenses for personal interests, and training/qualification licenses.

Can a public servant in their probationary period serve in a commission position or trust function?

Yes, a public servant in their probationary period can serve in a commission position or trust function within the same organization or entity where they are employed. However, they can only serve in special or higher-level positions in other organizations.

Can a public servant who has attained stability lose their position?

Yes, a public servant with stability can lose their position under specific circumstances. They may lose their position if a court ruling becomes final (transit in judicato) or through an administrative disciplinary process. Additionally, they can be removed if they fail periodic performance evaluations or if there is a reduction in public sector expenses.

What is the 'reconduction' process?

The 'reconduction' process allows a public servant who has been exonerated from a new position during their probationary period to return to a previous position where they had already attained stability.

What is the relationship between the probationary period and the stability acquisition period?

The probationary period is a trial period to determine if a public servant is fit for their new role, and stability is acquired after completing the probationary period. The stability is only granted after three years of effective service in a particular role. The probationary period ensures that the servant meets the criteria for stability.