Regime jurídico único na administração pública brasileira: avaliação da mais recente tentativa de extinção (Proposta de Emenda à Constituição n. 32/2020)

Abstract

The present work aims to examine the single legal regime of public servants, whose appearance in the Brazilian legal world took place with the Federal Constitution of 1988. Until then, there was no uniformity or even formal guidance regarding the adoption of a certain legal rule for civil servants. Legal instability reigned, with nonisonomic guidelines in the various federated entities, with civil servants working in the same department and performing the same functions, but receiving different legal treatment, some governed by the CLT, others governed by their own statutes, with differing hours and remuneration, among others. other consequences. In this context, the 1988 Constitution inserted in article 39 the obligation to implement a single legal regime for public entities. However, despite being a long-awaited legal institute for the purposes of administrative organization, the RJU has historically been the target of successive attempts to change it, especially by the so-called Administrative Reforms. Thus, the objective pursued in this dissertation is to demonstrate the importance of the RJU in the Brazilian Public Administration, approaching its conception and mutations over time, in addition to the nefarious attempt to extinguish it promoted by PEC n. 32/2020. With a discourse solely based on the persecution of public servants, instead of improving the administrative organization, this recent reformist public policy proposes the total disarticulation of the single legal regime, significantly expanding the use of temporary contracts and simplified access. Evaluating the PEC no. 32/2020, in its thematic cut, it was observed that there was no causal link between the pursued end of the RJU and the downsizing of the public machine or greater efficiency in the personnel sector. If approved, the new PEC will result in reckless legal uncertainty and precariousness of the public service, with immeasurable damage to the entire society, its final recipient.