Rapporteur of the administrative reform in the special committee of the Chamber, Deputy Arthur Maia (DEM-BA) presented this Tuesday (31) his opinion with a substitute for the proposed amendment to the Constitution (PEC) sent by the government. The main change in relation to the original text is the maintenance of stability for all public servants in public examinations, one of the biggest demands of deputies in the collegiate.
In the Executive’s proposal, only the occupants of the so-called typical state positions would have the right guaranteed from the entry into force of the new rules.
“We have written a report in which any type of dismissal will be submitted, before anything else, to performance evaluation”, said Maia at a press conference alongside the Chamber’s president, Arthur Lira (PP-AL) and the commission’s president Special from PEC 32, Fernando Monteiro (PP-PE). “The stability is fully preserved, not as a civil servant’s right, but as a guarantee of society”, he added.
“A preliminary condition [da PEC] was that there was no breach of any kind of acquired right. In the midst of the discussions, the preservation of rights went beyond that, because even expectations of the rights of current public servants are being preserved. Whoever is entitled to a certain regime that allows access to certain subsidies or gratuities, will remain [com o direito].”
The proposal foresees, for future employees, the extinction of benefits such as paid leave, promotion for length of service, vacations of more than 30 days and compulsory retirement as a form of punishment. However, members of the Judiciary and the Public Ministry were not included, as requested by deputies in amendments presented to the commission.
In recent statements, Maia even stated that he would include the categories in the reform. On Monday (30), entities representing magistrates and prosecutors and prosecutors published a note in repudiation of the decision. according to the Associative Front of the Magistracy and the Public Ministry (Frentas), the measure would be unconstitutional and would violate the principle of separation of powers.
The change covers only “elective mandate holders, members of the Courts and Boards of Auditors, holders of positions and holders of jobs or public functions of the direct and indirect administration of the Union, States, Federal District and Municipalities, as well as managers of the bodies and entities that make up the respective structure.”
The report will be read and discussed by the members of the special commission in a session scheduled for 9:30 am this Wednesday (1). There was an agreement on a request for a collective view, so that the vote on the document takes place only two weeks from now, on the 14th and 15th of September.
Substitute brings guidelines for evaluating the performance of servers
According to the deputy, the substitute also brings guidelines for the evaluation of the performance of public servants, something that had not been contemplated in the Executive’s PEC, which left the regulation of the subject also for later complementary law. “The concern is to avoid any kind of political persecution. For this, we created some elements that will necessarily be included in the evaluation”, he said.
One of the assumptions is that the process is carried out through the gov.br platform, which already has the registration of 110 million Brazilians. “Besides gov.br, there is another parallel instrument, which is sougov.br, where all 600,000 public employees in Brazil are located. The assessment will be carried out within the scope of these two platforms, which may be made available to states and municipalities.” The idea is that the process is carried out with the participation of the public service user, who, when accessing the system, will be able to give their opinion.
In addition, Maia proposed that the server go through six semi-annual evaluations in order to achieve stability. Under current rules, a public official faces a three-year probationary period, after which he undergoes a single evaluation.
In the original text of the PEC, the government proposed the creation of the so-called experience bond, an additional step to the competition in which the selected candidate would be evaluated over a period of up to two years before being effectively sworn in.
The deputy foresees in the substitute, in addition to the effective bond of the career servant and positions in commission, the temporary contract, which will be made by simplified selection, as already happens in practice, but without clear rules, in states and municipalities.
“This will bring significant savings, because there are positions that have no reason to live with a public examination”, he justified. “Nowadays, when someone passes a public exam, it constitutes a bond that lasts an average of 62 years with the state: the average person works 28 years, receives an average pension for 23 years, his dependent or dependent receives a pension for 11 years. This doesn’t exist anywhere, this account doesn’t close.”
Maia included in its substitute the concept of exclusive state positions, those that cannot be filled in contracts for a fixed period. Included in the classification are those “focused on final functions and directly related to public security, diplomatic representation, State intelligence, government management, public advocacy, public defender, budget preparation, judicial and legislative process, institutional performance of the Public Ministry, to the maintenance of the tax and financial order or to the exercise of regulatory, inspection and control activities.”
Performance Management Rules for Public Service
Another novelty introduced by the rapporteur is a performance management model for the public service, which, according to him, was consulted by the academy. “This management provides for the establishment of goals to be achieved, strategies to be developed to achieve these goals, and internal criticism that justify the non-achievement of these goals, if applicable,” he explained.
“The courts of account themselves will be able to demand performance metrics from the municipal, state and federal governments. This is innovative, something very important and will certainly hold a debate.”
The reporter says that the government’s proposal contained a misunderstanding of origin
In the vote presented in her report, Maia says that the proposal that came from the government contained “an aspect that seems not to have deserved due attention by the drafters”.
“Without doubting the seriousness and good intentions of those who worked for the administrative reform to be brought to the attention of the National Congress, there was an original misunderstanding, fortunately equated in the alternative text offered to noble peers”, he assesses .
For the deputy, the PEC sent by Planalto started from the premise that there was a need for a total rupture of the administrative system introduced by the 1988 Constitution. .
“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. More than ten million Brazilians, it is said, with the good intention of keeping their rights unscathed, would be placed in an unusual situation, as if they had nothing more than to wait for retirement and wait for the day when the last dinosaur would be extinct.”
PEC has been in the Chamber for a year
Submitted by the government in September 2020, the PEC for administrative reform is moving slowly through Congress. The matter was sent to the Committee on Constitution and Justice and Citizenship (CCJC) of the Chamber of Deputies only in February, after the election of Arthur Lira (PP-AL) to the presidency of the House.
The text spent almost three months at the CCJC, where it underwent some modifications. The collegiate rapporteur, Deputy Darci de Matos (PSD-SC), withdrew three items from the government’s proposal in his opinion. The first would give the President of the Republic the power to extinguish, merge or transform organs by decree, without the need for congressional approval.
Another alteration keeps the carrying out of other activities paid by occupants of the so-called typical state positions free, something that would be prohibited in the government’s proposal. The third change eliminated a section of the PEC that would create eight new principles for public administration.
The opinion for the admissibility of the PEC was approved by the CCJC on May 25, when it went to the special commission. With the recess of the Legislative, however, the proposal took another three months to have the report presented in the specific collegiate.
After analysis completed by the special commission, the text will go to the Chamber’s plenary, where it will be voted in two rounds. If approved, it goes to the Senate.