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The administrative reform proposal sent by the government to Congress does not affect the main beneficiaries of privileges, since it does not cover members of the powers (parliamentarians, prosecutors, magistrates, among other categories), according to Gustavo Binenbojm, professor of administrative law from the State University. from Rio de Janeiro (Uerj).
Binenbojm participated together with the president of the Brazilian Society of Public Law, Carlos Ari Sundfeld, in a virtual panel on the subject, promoted by Ibmec this Thursday (8), the same day that the Parliamentary Mixed Front for Administrative Reform was launched in Congress. . a proposal to include current officials and members of the powers in administrative reform.
Parliamentary front proposes including current officials in administrative reform
Between the two experts, there is consensus on the need for administrative reform to reduce unfair spending and increase the efficiency of the public service.
The Uerj professor called the economic team’s proposal “not very daring” because the text does not change the rules for current employees, delaying, according to him, the economic effects of the measure.
For Gustavo Binenbojm, one of the “problems” of the proposal – which would increase the asymmetry within the public service – is this exclusion of members of the powers.
“Many of the privileges that PEC faces [Proposta de Emenda à Constituição], such as the provision of annual vacations of 60 days, retirement as a punishment -which, in fact, sounds more like a pardon or a blessing for the servant who responds to some disciplinary process- are guarantees that exist, above all, in the regime members of the power, those who were excluded from the incidence of PEC. On the one hand, the abolition of some of these privileges was abolished, but, on the other hand, the main beneficiaries of these privileges are excluded, as a kind of false administrative reform ”, declared Gustavo Binenbojm.
According to the expert, the justification given by the government for not touching these categories – that the president does not have the initiative to address this issue – is not true.
“This is fake news. The government knows that, in the proposed amendments, the initiative is of a third of the deputies or senators or of the President of the Republic or – something that will never happen – of more than half of the state legislative assemblies, “he said.
“This was a pseudo-legal justification for a political decision to exclude members of power from administrative reform, to avoid political attrition of the government by members of power, resulting in the preservation of privileges,” added the professor. of Uerj.
The debater also said that the only justification for the government’s decision not to change the rules for current employees is political. “Because future servants don’t go on strike, they don’t pressure Congress, they don’t vote against the government,” Binenbojm said.
This distinction, in the expert’s opinion, is “arbitrary”. “This carries over the effects of this reform to 15, 20 years from now. So it seems to me a proposal, at least, a bit daring from the federal government in relation to changes in the public administration that require current and immediate solutions, “he said.
For Binenbojm, the government’s PEC has little chance of going fast and should consume almost the entire year of 2021 in discussions in Congress. Therefore, according to him, it would be necessary to strictly establish the points that depend on the reform of the Constitution and what could be done through infra-constitutional laws.
The federal government’s administrative reform proposal is already in Congress
The president of the Brazilian Society of Public Law, Carlos Ari Sundfeld, defended what he called “de-constitutionalization of the human rights of the state”, which, according to him, would be to remove from the Constitution some norms that deal with public officials, to that Congress can, through complementary laws, reduce inequalities and increase the efficiency of the State.
“We have to advance with legal reforms that are urgent to reduce inequality, to increase efficiency and, if we are going to approve a constitutional reform in matters of public service, public agents, officials, it has to be a PEC to remove the public rights of the Constitution and give the National Congress the power to do by law complementary to what they have tried to do in a failed way through constitutional amendments, “said Sundfeld.
Sundfeld stressed the need to seek change with common law proposals.
“I wanted to highlight the possibility and the need for us to touch vital points through common law. Professor Gustavo has already mentioned the issue of performance evaluation with the purpose of closing the server, which is a relaxation of stability, which can be done today by complementary law and, therefore, is an important example ”, he added the specialist.
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