Administrative reform: rapporteur maintains stability for all employees and extinguishes probationary period

SAO PAULO – Deputy Arthur Oliveira Maia (DEM-BA), rapporteur of the Proposed Amendment to the Constitution that deals with administrative reform (PEC 32/2020), filed, on Tuesday (31), his opinion on the matter.

The text will be read tomorrow at the special committee that discusses the matter in the Chamber of Deputies, but it should only be voted on in the collegiate body in two weeks, after the granting of collective views to the benches.

The rapporteur made a series of changes to the original proposal, submitted by the federal government last year. Among them is the maintenance of the right to stability for all public servants – including future entrants after the new rules come into force.

In all cases, the dismissal of a public official can only occur in a situation of insufficient performance or if the position under discussion becomes unnecessary or obsolete – in this case, the substitute provides for the payment of indemnity to the civil servant.

The PEC sent by the Executive Branch established five types of links in the public service for future entrants and restricted stability only to occupants of the so-called “typical positions of the State”, a definition to be made later by complementary law.

“What would happen, if the original text were accepted, would be exactly this: the Brazilian public administration would start over from scratch, as if it could not be benefited or harmed either by its qualities or by its defects”, assesses Arthur Maia in his opinion.

“The concrete result would be the placement of all current civil servants in an extinct regime, as if they could make no further contribution to the future of public administration. With the good intention of preserving acquired rights, the system provided for in the PEC would not respect any rights, because only what is taken into account is effectively respected”, adds the rapporteur.

In the text, he argued that guaranteeing stability for public servants constitutes an “instrument of defense in favor of citizens and not in favor of servants”.

For the parliamentarian, stability is a mechanism that “inhibits and hinders the misuse of public resources, as it avoids manipulation and serves as an obstacle to the bad behavior of managers still steeped in the patrimonialist tradition that characterizes the Brazilian reality”.

The opinion maintains a prohibition on the granting of vacations of more than 30 days for the acquisition period of one year, additional length of service, bonus leave or any other leave resulting from length of service, except for training purposes and reduction of working hours without reduction of wage. It also prohibits compulsory retirement as a form of punishment and incorporation of bonuses into a salary.

The restrictions, however, would only apply to future civil service entrants. On the other hand, in addition to civil servants and employees of the public administration, the substitute included members of the courts and boards of accounts and holders of elective mandates.

The text to be analyzed by the parliamentarians also outlines general lines about activities that deserve special protection because they are considered exclusive to the State. For such functions, temporary hiring or reduction of working hours are not allowed and there will be an additional guarantee in the process triggered by insufficient performance.

The positions covered by the rules are those “focused on final functions and directly related to public security, diplomatic representation, State intelligence, government management, public law, public defender, budget preparation, judicial and legislative process, the institutional performance of the Public Ministry, the maintenance of the tax and financial order or the exercise of regulatory, inspection and control activities”.

The rapporteur also removed from the text the so-called experience bond, considered one of the most controversial points of the PEC forwarded by the federal government. The original text provided, as a stage of the public competition, a period of two years of work, at the end of which the classification and who was actually selected for the position would be determined. The rule in effect today provides stability to the server after three years of probationary internship, but dismissals are not common at this stage.

“Initially, the text that came from the government provided for a bond of experience. There was a lot of resistance to it. [O servidor] I was hired and didn’t know whether to stay or not. So, we removed the experience bond and kept what already exists, which is the probationary stage. However, the probationary internship as it exists today only takes place at the end of three years. We are changing that: there will be six semi-annual evaluations of those who pass the competition, only later to achieve stability”, he explained in a statement to the press.

The substitute also provides mechanisms to ensure that citizens can assess the quality of services provided, which is one of the procedures used to assess the performance of public servants.

“He (the citizen) you can go to gov.br to give your opinion about the service that is being provided to you, whether by your child’s teacher, or by the service he received when he went to get a driver’s license”, pointed out the congressman.

The rapporteur deleted contracts for new servers for an indefinite period from the text. “This is also important to give flexibility to the public service and to qualify the public service. This temporary contract will be made through a simplified selection in the city halls, for a period, and this period in which the citizen is hired cannot be fired without performance evaluation”, he said.

In the opinion, Deputy Arthur Maia avoided getting into the controversy of the fiscal impacts of the proposal – which, to a large extent, depends on the approval of a complementary bill for many of its points to come into force. During the debate on the PEC, Minister Paulo Guedes (Economy) even said that the measure could generate savings of R$ 450 billion in ten years, considering a replacement rate of 70% in the public service.

“The original proposition does not create expenses or generate income that can be quantified objectively and immediately. It produces changes in legal regimes whose financial and budgetary impact is not capable of being dimensioned”, assessed the rapporteur in his opinion.

In a brief address to the press this Tuesday afternoon (31st), the president of the Chamber of Deputies, Arthur Lira (PP-AL), guaranteed that the text will not attack any acquired rights.

“This stability and some rights will remain even for new entrants, with some innovations, updates, which are especially necessary, so that we can give Brazil a lighter, more modern State, and that can really measure the public service for the Brazilians,” he said.

“It was never part and nor is it part of the will of this Power or the National Congress to verify a public servant, but rather to verify the public service”, he reinforced.

Processing

As it is a PEC, after going through a special commission, the text needs to be discussed in the plenary of the Chamber of Deputies, where it is necessary to support 3/5 of the parliamentarians (that is, 308 deputies) in two rounds of voting. Only after that the proposal goes to the Federal Senate.

In the Senate, he will also need to have the support of 3/5 of the parliamentarians (that is, 49 senators), in two rounds of voting in the plenary.

As a rule, the two legislative houses must approve the same version for the PEC to be enacted. The text goes from one house to another (the so-called ping-pong) until it is voted on with no differences in merit.

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