Direito Administrativo - Servidores Públicos - Cargo, Emprego e Função - I Aula 193 - Eduardo Tanaka

Introduction to Public Servants

Overview of the Course

• The session is led by Professor Eduardo Tanaka, focusing on public servants as requested by students.

• The course material includes a comprehensive apostila (study guide) that covers up to 192 classes, with this being the 193rd class.

Definition and Types of Public Servants

• According to De Pietro, public servants are individuals occupying positions defined as cargo (positions), emprego (employment), or função (functions).

• Understanding the legal relationship between public servants and the administration is crucial; it varies based on whether they work for direct or indirect administration.

Understanding Cargo Público

Legal Framework

• A cargo público is defined as a position held under a statutory link governed by specific laws, such as Law 8112/1990 in Brazil.

• Statutory links differ from contractual ones; while contracts are mutual agreements, statutory relationships are established unilaterally through law.

Responsibilities and Attributes

• A cargo público encompasses a set of responsibilities and duties outlined within an organizational structure that must be fulfilled by the server.

• Each position has specific tasks; for example, an auditor fiscal's role involves verifying compliance with tax regulations.

Types of Cargo Público

Effective vs. Commission Positions

• Cargo público can be classified into two types: effective positions obtained through competitive exams and commission positions appointed without competition.

• It’s important to distinguish between effective positions and stability; holding an effective position does not automatically confer job security.

Understanding Public Service Positions

Effective Positions and Stability

• The concept of "cargo efetivo" (effective position) requires passing a public competition, which is essential for job security in public service.

• After the probationary period, employees gain stability, providing peace of mind as they secure their positions within the public sector.

Commissioned Positions Explained

• A "cargo em comissão" (commissioned position) is a trust-based role, such as the Secretary of the Federal Revenue, appointed by higher authorities without needing to pass a competition.

• Individuals in commissioned roles can be anyone deemed suitable by the minister or president; they do not need specific qualifications like being an auditor.

Nature of Commissioned Roles

• These positions allow for free appointment and dismissal, meaning individuals can be replaced at any time based on political decisions.

• The term "dança das cadeiras" (dance of chairs) refers to frequent changes in these roles when new ministers are appointed.

Employment Types in Public Sector

• Employees who pass competitions for direct administration roles are considered effective public servants while those working in state-owned enterprises hold employment contracts governed by labor laws.

• Only effective positions require competitive exams; commissioned roles do not necessitate this process.

Understanding Public Employment Contracts

• Public employment involves a legal bond between the employee and the state under labor law regulations rather than civil service rules.

• Employees in state-owned companies must also take competitive exams but will have employment contracts regulated by labor laws instead of civil service statutes.

Distinction Between Employment Types

• Workers in state enterprises like banks or Petrobras are classified as employees under private law despite being part of the public sector.

• There is no guarantee of stability for these employees since their contracts follow general labor laws rather than civil service protections.

Clarifying Job Functions and Legal Framework

• The relationship between employees and employers in state-owned enterprises is contractual and governed by CLT (Consolidação das Leis do Trabalho).

• Employees who succeed in competitions for these jobs occupy "emprego público" (public employment), distinct from traditional public office roles.

Conclusion on Functionality within Public Service

Completing the Summary Board

Engaging with the Audience

• The speaker emphasizes the importance of completing a summary board, which serves as a study aid for upcoming exams.

• An example is promised to help students remember key concepts effectively during their tests.

• The speaker encourages viewers to show appreciation by liking the video and subscribing to the channel for more educational content.

• Viewers are reminded to activate notifications (the bell icon) upon subscribing, ensuring they receive updates on new material.