Direito Administrativo - Cargo, Emprego e Função - parte 2 - Aula 194 - Eduardo Tanaka

Understanding Public Functions in Administrative Law

Overview of Public Functions

• Professor Eduardo Tanaka introduces the topic of public functions, emphasizing the distinction between different types of public roles.

• He outlines two distinct categories of public functions: temporary and permanent positions.

Temporary Public Functions

• Temporary functions are defined as roles filled by employees hired on a short-term basis, as per Article 37 of the Brazilian Constitution.

• The urgency for hiring can sometimes bypass standard procedures like public competitions or lengthy bidding processes, especially during emergencies such as a pandemic.

• An example is provided where INSS (National Institute of Social Security) rapidly hired military personnel and retirees to manage overwhelming demand during the COVID-19 crisis.

Permanent Public Functions

• The discussion shifts to permanent functions, which include leadership roles that require specific qualifications and are typically filled through competitive exams.

• These positions are governed by Article 37, Section 5, which highlights their importance in administrative law and governance structures.

Trust Positions vs. Commissioned Roles

• Trust positions must be held by individuals already occupying effective roles; however, commissioned positions can be filled by anyone from the general populace.

• It is clarified that trust positions are specifically designated for leadership and advisory tasks within government agencies.

Examples in Practice

• A practical example illustrates how appointed officials can select staff for leadership roles while ensuring compliance with legal frameworks regarding effective service vacancies.

Understanding the Role of Leadership in Public Administration

The Nature of Leadership Positions

• The individual in a leadership role remains in their position, often facing more challenges than financial rewards, yet they find fulfillment in their responsibilities.

• A leadership position is defined as one of trust within an organization; it must be held by someone with a permanent civil service status rather than just anyone from the public.

• For certain roles, such as federal police delegates, candidates must come from established career paths to ensure competence and reliability.

Stability and Qualifications for Leadership

• Individuals who have already secured a permanent position do not need to take additional exams to become leaders among their peers; they are considered stable due to their existing roles.

• To hold a trusted position in public administration, one must occupy a permanent role as stipulated by constitutional requirements.

Analogies for Understanding Roles

• An analogy is drawn between family dynamics and administrative roles: when the mother (the leader) is away, the father can assume her responsibilities temporarily.

• This familial structure illustrates how leadership can shift based on circumstances while maintaining overall stability within the household or organization.

Temporary Roles and Responsibilities

• The discussion shifts to temporary positions within organizations, likening them to various household services like pizza delivery or plumbing that fulfill immediate needs without long-term commitment.

• These temporary roles serve essential functions but do not equate to permanent employment or stability within an organization.

Employment Status Clarifications

• Employees classified under temporary contracts lack job security compared to those with permanent positions; this distinction highlights different levels of commitment and responsibility.

• The conversation emphasizes that understanding these classifications is crucial for grasping public sector employment dynamics.

Summary of Key Concepts

• The importance of recognizing both permanent and temporary roles helps clarify expectations regarding job security and responsibilities within public administration contexts.

Understanding Public Employment and Exemptions

The Necessity of Public Competitions for Employment

• To enter public positions, such as those in Banco do Brasil or Receita Federal, prior approval through a public competition is mandatory.

• However, appointments to commissioned positions and trust functions, as well as temporary service contracts, do not require this prerequisite.

Clarifying the Term "Prescinde"

• The term "prescinde" can be confusing; it means that something is not necessary. It's important to distinguish it from "precisa," which implies necessity.

• An analogy is made: if invited to a party where your presence is described as "prescindible," it means you are not required to attend.

Importance of Understanding Terminology

• Emphasizing the importance of understanding legal terminology helps avoid confusion during exams and competitions.

• The speaker encourages sharing knowledge and resources among peers studying for public competitions to enhance learning quality.

Engagement with Educational Content