LEI 8112/90 - Estatuto dos SERVIDORES PÚBLICOS (Resumo para Concursos - Atualizado)

Summary

This video, presented by Cíntia Brunelli, offers a concise yet comprehensive guide to Brazil's Law 8.112 of 1990, which governs federal public servants. It clarifies the distinction between public servants and public employees, explains appointment processes, types of positions, and the concepts of possession, probationary periods, and tenure. The video also breaks down other forms of filling positions, such as promotion, readaptation, reversal, reinstatement, and use, highlighting key administrative rules and legal nuances. Designed for exam preparation, the content emphasizes memorization of critical points while encouraging viewers to build a strong foundation in administrative law for more effective learning.

Takeaways

• 📜 Law 8.112 of 1990 governs federal public servants in Brazil, applicable only to the Union, not states, the Federal District, or municipalities.
• 👨‍💼 Public servants are distinct from public employees; public servants follow Law 8.112, while public employees follow the CLT (Consolidation of Labor Laws).
• 📝 Investiture in a public office occurs through possession, which formally grants the individual the role and responsibilities of the position.
• 🏛️ Forms of appointment to public office include: appointment, promotion, readaptation, reversal, use, reinstatement, and reappointment. These must be memorized for exams.
• 🔑 Appointment can be effective (via public tender) or commissioned (position of trust, free appointment and dismissal). Order of ranking must always be respected.
• ⏳ Effective appointments are subject to a probationary period (currently 36 months), after which the server gains tenure and stability.
• ⬆️ Promotion occurs only within the same career, never across different careers, ensuring vertical progression only.
• ♿ Readaptation assigns a server to a suitable position after physical or mental limitations, while reversal restores retired servants to activity.
• ⚖️ Reinstatement occurs when a previously dismissed civil servant is returned to their former position due to invalidation of dismissal; dismissal is always punitive in public service.
• 🔄 Availability happens when a stable server's position is removed or deemed unnecessary; 'use' refers to the server returning to an appropriate position when it becomes available.
• 📚 A strong foundational understanding of law is crucial; the video encourages further study through courses like 'First Steps in Law' to build solid reasoning and legal knowledge.

Q & A

What is Law 8.112/1990 and whom does it apply to?

Law 8.112/1990 is the legal regime governing federal public servants in Brazil. It applies exclusively to public servants in the direct administration of the federal government and federal foundations. It does not apply to state or municipal public servants or public employees of companies governed by the CLT.

What is the difference between a public servant and a public employee?

A public servant is governed by Law 8.112 and holds a public office through formal investiture, while a public employee works in public or mixed-economy companies and is governed by the CLT. Public servants have tenure and stability, while public employees do not.

What is the difference between appointment and possession?

Appointment is the administrative act calling a candidate to take office, while possession is the formal acceptance of duties, responsibilities, and rights. Only after possession does the individual officially become a public servant.

What are the two types of appointments in public service?

Appointments can be 'effective' or 'commissioned.' Effective appointments require passing a public tender and lead to career positions, while commissioned appointments are positions of trust, do not require a tender, and are freely appointed and dismissed.

What is the probationary period for a federal public servant?

The probationary period is 36 months, during which the public servant's performance is evaluated. After successfully completing this period, the servant gains tenure and stability.

What does 'stability' or 'tenure' mean for a public servant?

Stability means that a public servant can only lose their position through a final court decision, a formal administrative process with full defense, insufficient performance verified by evaluation, or as a last resort to reduce personnel expenses.

What are the seven forms of filling a public office under Law 8.112?

The seven forms are appointment, promotion, readaptation, reversal, reinstatement, use, and reappointment.

Can a public servant be promoted to a position in a different career?

No, promotions are only vertical movements within the same career. To change careers, a public servant must pass a new public tender.

What is readaptation and when does it occur?

Readaptation occurs when a public servant suffers a limitation in physical or mental capacity and is assigned to a position compatible with their abilities.

What is the difference between reinstatement and reversal?

Reinstatement occurs when a previously dismissed public servant is returned to their position due to invalidation of the dismissal, while reversal occurs when a retired servant returns to active service.

What are availability and use in public service?

Availability refers to a stable public servant being removed from active duties due to position extinction or lack of need. Use is the return of a servant from availability to a compatible position with duties and salary.

Why is it important to memorize the different forms of filling a public office?

These terms are frequently tested in public exams, and candidates often confuse them. Memorizing them helps avoid mistakes and ensures understanding of the legal framework of public service appointments and transitions.