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The administrative reform proposal, sent by the government to Congress on Thursday (3), proposes to end the stability on the part of future officials. According to the text, the typical state career servers (which only exist in public administration) would remain stable. A law that will be sent later will list what these careers will be.
The government proposal is valid for future servants of the Executive, Legislative and Judicial powers of the Union, states and municipalities. The text, sent in the form of a proposed amendment to the Constitution (PEC), has not yet been approved by the House and Senate.
Currently, the general rule is that every public servant is stable in office. In other words, you can only be fired if you are found guilty without further appeal in court or if you commit a disciplinary offense.
“Since 1988, all public servants are stable, no matter what their role is. They have more strategic, even more operational functions. That doesn’t make sense anywhere in the world. Stability exists in several democracies, but it serves the purpose of maintain the body of officials who maintain state activity. There are no auxiliary, support activities, “said Gleisson Rubin, undersecretary of bureaucratization at the Ministry of Economy, during a press conference.
The government’s proposal provides for the end of the so-called “Single Legal Regime”, which establishes the stability of officials. Different stability rules for public servants will coexist with the changes, depending on the activity they carry out.
- The first group would be made up of “typical state” careers, with rules similar to the current ones on stability and retirement. A bill will define what these activities will be. Admission will be made through public competition.
- The second group, foreseen in the proposal, would be made up of officials with contracts of indefinite duration, which would not have the stability of today. They could be laid off in times of need for spending cuts, for example. Admission will be made through public competition.
- The third group, in turn, would be made up of employees with a temporary contract. They would not have stability in office either. In accordance with current regulations, defined in Law 8,745 of 1993, this type of contract can only be carried out for “a temporary need of exceptional public interest”, such as natural disasters and public health emergencies. Input via simplified selection
- The fourth group would be made up of leadership and advisory positions, with temporary ties. Input by simplified selection. These positions would not have stability in their positions either.
- The fifth group is the bond of experience: before candidates enter the typical office of State or for an indefinite period, they must go through a period of experience. Admission through public competition.
Last year, the government had already anticipated the G1 which evaluated the flexibility of the stability rules for new officials by hiring contract and temporary workers through competition.
The proposal to make the stability rules more flexible in the public service takes place in a context in which a large part of the civil servants will retire in the coming years. In 2017, the then Ministry of Planning estimated that almost 40% of civil servants would retire in 2027.
Last year, Economy Minister Paulo Guedes said that 50% of public officials would retire in up to 5 years, which he considered “great news” at the time. And he amended saying that he would “stop” public tenders, which, in fact, has not yet happened under Bolsonaro’s administration.
However, after the PEC has been passed, there are still other bills that need to be passed as well for all the rules to go into effect. Bills are envisaged for “performance management”, “consolidation of positions, functions and bonuses”, “career guidelines”, “modernization of forms of work”, “institutional arrangements” and “adjustments of Server Statutes “.
Currently, statutory public servants of direct administration, autarchies or public foundations have the right to stability after three years of effective exercise, provided they are approved in a special performance evaluation.
This applies to all branches of the Union, the states, the Federal District, and the municipalities.
Whoever competes for public companies and mixed capital companies is called a public employee and is subject to the legal regime established by the Consolidation of Labor Laws (CLT).
Server spending is mandatory, that is, the government can only reduce it through changes in the laws. With current regulations, in accordance with the projections contained in the 2021 budget proposal, spending on public officials, including pensions, would sum:
- R $ 313,087 billion in 2019, or 21.7% of total spending, 4.4% of GDP;
- R $ 328,194 billion in 2020, or 22.3% of total spending, 4.3% of GDP;
- R $ 337,345 billion in 2021, or 22.2% of total spending, 4.4% of GDP.
A study by the Millennium Institute, published this month, shows that Brazil spent 13.7% of the Gross Domestic Product (GDP) in 2019, about R $ 930 billion, with federal, state and municipal public officials. According to the document, the country’s spending on public officials is twice that of education and 3.5 times that of health (3.9% of GDP).
After carrying out the pension reform last year, the economic team has advocated adjusting spending on public officials to make room for other expenses in the spending ceiling, a mechanism that authorizes spending increases only based on inflation in the budget. last year.
In next year’s budget proposal, sent to the National Congress earlier this week, around 94% of total expenditures are mandatory and, with the ceiling rule, there would be few resources left for “free” spending, called “discretionary.” “. which, according to analysts, could compromise the operation of some public services in 2021.
Also this week, the Minister of Economy, Paulo Guedes, said that it would be important to get resources “from the upper floor” to pass on to the poorest, in this case, to form Renda Brasil, which would replace other social programs such as Bolsa Família.
