Reforma Administrativa: a Estabilidade dos servidores públicos como instrumento de efetivação dos princípios da impessoalidade e eficiência

Abstract

In 2020, the Constitutional Amendment Proposal (PEC) nº 32/2020 was presented to the Chamber of Deputies. This Reform seeks to bring new rules applicable to public servants, with a view to altering or excluding certain prerogatives, under the argument of fighting low productivity and the high costs of public servants, thus, the text presents itself with the objective of "modernizing" the Public Administration. One of the central point’s objects of the reform is the institute of stability of civil servants. Thus, this article proposes, through a bibliographic study based on doctrinal and normative materials, to debate about the guarantee of stability, seeking to present the instrumentality of this right to achieve the precepts inherent to the principles of efficiency and impersonality in the provision and professionalization of the service within the Public Administration. Bringing to the fore the importance of stability for the public service and, in this sense, pointing out instruments capable of justifying the maintenance of the guarantee of stability and dispelling the myths that orbit such institute. Based on the studies carried out, it is concluded that, considering the importance of stability for the public service and, considering that there are sufficient and adequate means to dismiss the civil servant who does not provide the service satisfactorily, in particular the Evaluation of Performance, we are faced with the need to improve existing means, without making a Law of such relevance more flexible