Agentes Públicos - Funcionários Públicos - Aula 192 - Dto Administrativo - Prof Eduardo Tanaka

Introduction to Administrative Law Concepts

Overview of Public Servants and Employees

• The discussion begins with a focus on the distinctions between public servants, public employees, and agents in administrative law. Examples include police officers, state hospital doctors, and municipal school teachers.

• The term "public employee" is noted as outdated since the 1988 Federal Constitution; older laws still reference it but are considered less relevant today.

Legal Definitions and Implications

• Article 327 of the Penal Code defines "public employee" broadly for legal purposes, including anyone who temporarily or without remuneration performs public functions.

• Alexandre's interpretation emphasizes that "public employee" corresponds to the broader term "public agent," which is significant in administrative law.

Classification of Public Agents

• A summary classification is presented: when referring to "public agent," it encompasses various types such as administrative agents, political agents, and accredited delegates.

• The term “administrative agent” specifically refers to statutory public servants, public employees under labor laws (celetistas), and temporary servers.

Clarifying Terms for Legal Context

• According to Meirelles, the concept of a public employee is expansive enough to include all categories mentioned earlier. For penal purposes, a public employee equates to a public agent.

• An example question from an exam illustrates that being appointed as an electoral poll worker does not classify one as a political agent but rather as a public employee for legal considerations.

Understanding Public Servants

• The definition of “public servant” can lead to confusion; it typically refers to statutory employees discussed in previous lessons.

• Meirelles categorizes public servants into two aspects: broad (all agents within direct/indirect administration of the state) and narrow (statutory positions).

Detailed Classifications by Meirelles

• In broad terms, “public servant” includes all types of agents working within state administration frameworks.

• In strict terms, it refers specifically to those holding effective or commissioned positions governed by statutory regulations within direct administration entities like autarchies or foundations.

Conclusion on Terminology Usage

• Statutory employees are defined clearly under legal frameworks; however, terminology may vary across different legislations.

Understanding Military Public Servants

Classification of Public Agents

• The discussion begins with the classification of public agents, highlighting that in addition to five main categories, there is a specific classification for military personnel.

• It is noted that military members include those from the Navy, Army, Air Force, state military police, and fire brigades. This classification also encompasses volunteer military personnel.

• Military personnel are defined as individuals who serve in armed forces or related organizations under a statutory regime and receive remuneration from public funds.

• The speaker emphasizes the importance of understanding these classifications for public service examinations and encourages viewers to engage with their content by liking and sharing their lessons.

• A reminder is given about the relevance of Law 8112 and its connection to articles in the Federal Constitution regarding active public servants.