Understand the administrative reform sent by the government | economy

The administrative reform has yet to be analyzed and approved by the House and Senate to become law. As it is a proposal to reform the Constitution (PEC), it must be approved by 2/3 of each Chamber, in two rounds of voting.

See the main points of the reform:

The government’s proposal is worth for future servants of the powers Executive, Legislative and Judicial Power of the Union, states and municipalities.

That is, the changes proposed by the government do not affect current employees and even those who enter the public service before the reform is approved. Nor does the stability or maturity of these servers change.

In addition, the government proposal establishes that the reform will not reach:

• parliamentarians
• magistrates (judges, judges, ministers of the higher courts)
• prosecutors and prosecutors
• military

According to the government, these are members of powers and have different rules from those of ordinary public servants.

The proposal sent by the government destroy stability of future servers .

Today, the general rule is that every public servant is stable in office. You can only be fired if you are found guilty without further recourse to court or if you commit a disciplinary offense. For current servers, this rule will continue to apply.

According to the government’s proposal, stability:

• It will only be guaranteed to employees of the so-called typical state careers, which only exist in public administration, and which today include careers such as those of the Internal Revenue Service, diplomatic and technical of the Central Bank;

A law that will be sent later will list which careers will be the ones that will maintain stability.

The proposal provides for the end of the so-called “Unique 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.

• HE first group it would consist of “typical state” careers, with rules similar to the current ones on stability and retirement. Stability will occur after 3 years. A bill will define what these activities will be. Admission will be made through public competition;
• HE second group it would be made up of officials with permanent contracts, who 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;
• HE third group It would be made up of employees with temporary contracts. 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. Admission by simplified selection;
• HE fourth group It would consist of leadership and advisory positions, with temporary ties. Input by simplified selection. These positions would not have stability in their positions either;
• HE fifth group It is the bond of experience: before candidates enter the typical state office or indefinitely, they must go through a period of experience. Admission through public competition. This term is a minimum of 2 years for typical government positions and a minimum of 1 year for indefinite terms.

Dismissal situations

The server may be fired due to judicial decisions, administrative disciplinary processes and poor performance in periodic evaluations.

At the end of the probationary period, which takes one to two years, the government may choose to continue with the professional if the professional achieves satisfactory performance on the performance evaluations conducted during this period.

The government reform aims to extinguish the premium license and the application of mandatory retirement as punishment, among other antics.

• Concession license: right that the server has every five years to enjoy a three-month license to deal with matters of personal interest. This license does not exist in the federal government since 1999, but it still exists in 20 of the 27 Brazilian states;
• Retroactive increases: no increase can take effect from previous periods;
• Superior vacations 30 days a year;
• Additional service time, known as annuity: each year, the official’s salary is increased by 1%, regardless of what is negotiated in the salary adjustment. In the federal government it was extinguished more than 20 years ago;
• Mandatory retirement as punishment: something unmatched in other countries, reported the economic area, since it is considered a benefit sought by every worker;
• Compensation fees without legal provision;
• Additional or replacement compensation no cash;
• Reduction of the workload without reduction of remunerationor, except health: the reduction of the workload can be done by the server, but there are situations in which it is not accompanied by a reduction in remuneration;
• Progression or promotion exclusively based in service time;
• Incorporation into salary values ​​related to the exercise of positions and functions.

Autonomy to extinguish organs and autarchies

The administrative reform proposal He also wants to empower the President of the Republic can extinguish public agencies by decree, which currently can only occur through the approval of a bill.

Thus, if the proposal is approved, the president will have the power to:

• Extinction of positions (permanent or commissioned), functions and bonuses
• Reorganize municipalities and foundations
• Transform the positions, when they are vacant, maintaining the same nature of the link
• Reorganize executive branch work assignments
• Turn off organs

Does the reform still allow exceptions?

Yes. The administrative reform proposal does not cover parliamentarians, magistrates and prosecutors. According to the government, these are members of powers and have different rules from those of ordinary public servants. The reform will also not apply to military personnel, who also follow different rules.

What will be the path of reform to become law?

The administrative reform was sent to Congress in the form of a proposed amendment to the Constitution (PEC). To become a de facto law, you must pass two rounds of voting in the House and Senate.