The special commission created in the Chamber of Deputies to analyze the proposed amendment to the Constitution (PEC) of the administrative reform votes this week to replace the government’s text. The discussion is scheduled to start this Tuesday (14) and the intention is to finish voting by Thursday (16).
The version that will be voted on was proposed by Deputy Arthur Maia (DEM-BA), rapporteur in the collegiate, and its main change in relation to the original PEC is the maintenance of stability to all careers in the public service.
Although the measure meets the civil servants’ demand, parliamentarians who are critical of the reform and who defend the interests of civil servants criticize other points in the report, such as the creation of a temporary contract link and the outsourcing of State functions. These should be the main points of debate in the coming days.
After being analyzed by the special committee, the text goes to a vote in two rounds in the plenary of the Chamber, where it needs three-fifths of the votes, before being analyzed by the Senate.
Check out the main changes proposed in the substitute:
Stability without career distinction, but with changes
In Maia’s report, stability was preserved for all public servants in public examinations, one of the main demands of deputies against the original PEC in the collegiate. “The mechanism 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”, argues the deputy.
In the Executive’s proposal, only those occupying positions in the so-called typical careers of the State would have the right guaranteed from the entry into force of the new rules – the text sent by the government did not say which careers these would be, leaving the definition for a later complementary law.
The rapporteur’s version, however, restricts the scope of stability, since it creates the temporary contract in the civil service, in addition to establishing guidelines for the performance evaluation of the civil servant, which can lead to dismissal in case of insufficiency. Although provided for in the 1988 Constitution, the mechanism has not been used to date.
The possibility of dismissing stable employees who occupy positions that become unnecessary or obsolete was also included in the substitute. In this case, the occupant will be compensated. The hypothesis will be applied only to those who are admitted after the publication of the constitutional amendment.
The substitute provides, in addition to the effective bond of the career servant and positions in commission, the creation of a fixed-term employment contract. The modality was already foreseen in the government’s original text, which also proposed the experience bond and the indefinite term contract, both withdrawn by Maia in her report.
According to the proposal, the hiring for a fixed period will be made through a simplified selection process, as it already happens today in states and municipalities, but without clear rules. The contracted party will have a contract for a pre-established period, of a maximum of 10 years, with no possibility of rehiring. The modality cannot be used to occupy the so-called exclusive positions of the State.
The novelty is one of the points that should generate divergence in the vote. Deputies who defend the interests of civil servants believe that the change will open the way for the hiring of political sponsors, especially within the municipalities, making the public service more precarious.
The Mixed Parliamentary Front in Defense of the Public Service (Servir Brasil), chaired by federal deputy Professor Israel Batista (PV-DF), wants criteria to be included in the PEC to restrict temporary hiring, in order to prevent the public tender from becoming exception.
Exclusive State Positions
In substitution for the typical careers, Maia included in its substitute the concept of exclusive State positions, those that cannot be occupied 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.”
Guidelines for evaluating server performance
The version to be voted on by the special commission also brings guidelines for the performance evaluation of public servants, something that had not been contemplated in the Executive’s PEC, which left the regulation of the subject also for a later complementary law. According to Maia, the devices were included to “avoid any kind of political persecution”.
A performance considered unsatisfactory can lead to the dismissal of the civil servant, which today can only occur through a final court decision or through a disciplinary administrative process.
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. “Beside gov.br, there is another parallel instrument, which is sougov.br, where all 600,000 public servants of the Union are located. ”, explained the rapporteur. 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.
End of advantages for new servers, but without reaching MP and Judiciary
The new rules also include the extinction of a series of advantages for positions and careers, but only for new employees.
The change covers “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 directors of the bodies and entities that are part of the respective structure.” In other words, members of the Judiciary and the Public Ministry were not included, as requested by deputies in amendments presented to the commission.
According to the substitute, the granting of the following benefits is prohibited:
- Holidays longer than 30 days for a one-year vesting period;
- Additionals referring to length of service, regardless of the name adopted;
- Increase in remuneration or indemnity installments with retroactive effects;
- Award leave, attendance leave or other leave resulting from length of service, regardless of the name adopted, except, within the limits of the law, leave for training purposes;
- Compulsory retirement as a form of punishment;
- Additional or indemnity for replacement, regardless of the name adopted, except for the effective replacement of a position in commission and a function of trust;
- Indemnity installments without provision of requirements and calculation criteria defined by law, except for employees of state companies and for employees working for the Brazilian government abroad; and
- Progression or promotion based solely on length of service.
Use of electronic resources in the state apparatus
Maia’s text also includes in the Constitution the use of electronic resources in the functioning of the state apparatus. “This is a path of no return, which needs to be encouraged and disciplined”, justifies the deputy. According to the text, it will be mandatory to use an electronic public services platform that allows:
- The automation of procedures performed by the bodies and entities that are part of its structure;
- Citizens’ access to the services provided to them and the assessment of their quality; and
- Strengthening and encouraging transparency of information on the management of public resources.
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.”