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The measure that assumes responsibility and prohibits punishment of the public agent in the fight against the Coronavirus (Covid-19) was edited by the President of the Republic, Jair Bolsonaro.
The publication of MP No. 966 It appeared in the Official Gazette of May 14 (2020) and is intended to free public agents involved in the fight against the pandemic.
Before continuing the story, understand who can be held responsible, or not, according to the text of the Provisional Measure published.
Public agent concept
The public agent, in a generic (broad) way, are all those who act on behalf of the State. In other words, the list of public agents goes through various sectors, as detailed below:
- public servants (approved in competitions for permanent positions);
- public employees (approved in competitions for positions governed by the Consolidation of Labor Laws – CLT);
- electoral center;
- politicians with a mandate (councilors, deputies, senators, mayors, governors and presidents, for example);
- commissioner (ministers and secretaries, for example);
- members of power (judges and prosecutors, for example).
Law 8,429 (Administrative Improvement Law) conceptualizes public agent how “Anyone who exercises, even temporarily or without remuneration, by election, appointment, appointment, hiring or any other form of investiture or bond, mandate, position, job or function in the entities mentioned in the previous article.”
The Code of Criminal Procedure, in turn, says that “Is considered employee public, for criminal purposes, who, even temporarily or without remuneration, has a position, job or public function“
That makes MP No. 966?
Returning to the main topic of this article, see what the Provisional Measure edited by Bolsonaro says:
According to the document, public officials They can only be held liable if they act or omit intentionally (i.e. intentionally) or serious error (basic / simple / logical / obvious) for the practice of acts related, directly or indirectly, to measures to face the public health emergency and to combat the economic and social effects that result from the pandemic.
Intentional practice of acts carried out in bad faith by a public agent.
In general, what the measure says is that only those who practice an act with the intention of harming or who have committed a serious error, who should have been observed, will be responsible (civil or administratively within the scope of the performance of the public agent) . Without major difficulties.
Public agent liability for serious error
It is also worth mentioning that the following criteria must be observed by the prosecution officer in order for the public official to be responsible for a serious error:
- Were there real obstacles and difficulties for the agent?
- Are the agent’s subject and tasks complex?
- Was there incomplete information in the emergency or urgency situation?
- Were there practical circumstances that could limit, impose or condition the action or inaction of the public agent?
- Was there uncertainty about the most appropriate measures to deal with the pandemic and the possible consequences?
Text valid from the date of publication.
As we are talking about a Provisional Measure, the text has already entered into force (that is, it is already in force) since the date of its publication (May 14, 2020), but in order not to lose its validity, the proposal must be approved by the National Congress.
In addition to President Jair Bolsonaro, the Minister of Economy, Paulo Guedes, and Minister Wagner de Campos Rosário, of the Comptroller General of the Union (UGE), sign the story.
Speaking of CGU … there is a call for bids
Getting hooked on the matter and knowing that the Comptroller General of the Union (UGE) has an important participation in the matter, since it is the body responsible for the inspection of the acts of public agents, it is worth remembering that the body has been trying to celebrate the CGU competition since 2016.
However, on the last May 13 (2020), news reports indicate that the agency has not given up and is already looking for a new notice for middle and higher level positions, waiting only for the authorization of the Ministry of Economy (ME).
This application was sent to the ME, but the number of vacancies to be offered in the next selection is unknown.
It should be noted that the agency itself has already admitted the need for public officials and confirmed that a budget is available for a new contest. Today, there are more than 3,000 vacant positions at CGU.
More news about this contest soon!
Suggested reading
Are you one of those who dreams at Banco do Brasil to join the public service?
If the answer is yes, it is good to start as soon as possible. The Competition Directorate lists some reasons for this.
Click on the image below and go to the article:
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