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The Supreme Federal Court's decision allows the hiring of civil servants without job security under the CLT regime, making hiring in the public sector more flexible. Dividing experts, the measure reignites debates about the benefits and risks for civil servants.
O Federal Supreme Court (STF) decided this Wednesday (6) to validate a change in the Constitution that allows the hiring of public servants under the Consolidation of Labor Laws (CLT) regime.
The decision reignites a heated debate: does the flexibility really bring benefits to the public service, or does it represent a threat to the stability and quality of civil servants?
What changes with the decision
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The STF measure allows new public servants to be admitted under the CLT regime, which offers fewer guarantees of stability compared to the single legal regime.
According to Minister Gilmar Mendes, whose vote was the main one for the decision, this flexibility serves the interests of public administration and expands management possibilities.
As a result, employees hired under the CLT will have less job security, which divides opinions among experts and politicians.
Context and impact of the STF decision
The decision reinstates a constitutional amendment approved in 1998, during the government of Fernando Henrique Cardoso, which paved the way for employment relationships less rigid in the public sector.
At the time, the idea was to allow the Union, states, Federal District and municipalities to opt for the CLT regime for some civil servants, aiming for greater flexibility in hiring.
However, this flexibility was suspended in 2007, until the STF finally reviewed and maintained the constitutionality of the measure.
Division among ministers over constitutionality
The rapporteur of the case, Minister Cármen Lúcia, voted against the measure, considering it unconstitutional. According to her understanding, stability is essential for the integrity and efficiency of public service.
His vote was supported by ministers Edson Fachin and Luiz Fux, who also highlighted the importance of protecting civil servants against political pressure.
However, Gilmar Mendes, alongside other ministers, argued that the decision is valid, with the support of Nunes Marques, Flávio Dino, Cristiano Zanin, André Mendonça, Alexandre de Moraes, Dias Toffoli and President Luís Roberto Barroso.
Why is stability seen as essential?
Stability is one of the pillars of public service in Brazil, allowing civil servants to maintain their work without fear of dismissal due to changes in government or political pressure.
However, critics argue that excessive stability can lead to a lack of innovation and difficulties in managing the public sector in a more agile and efficient way.
Application of the decision and social security impacts
With the new decision, the STF highlighted that the change will only apply to future employees, without affecting those already admitted.
This guideline was suggested by Minister Flávio Dino and aims to preserve the pension rights of current employees.
This detail is crucial, as it avoids sudden changes in the calculation of social security benefits, which have already been the subject of intense debates and reforms.
Political opposition and reactions
The initial approval of the easing of restrictions in 1998 faced resistance. In 2000, parties such as PT, PCdoB, PDT and PSD questioned the legality of the change, arguing that the approval process did not respect the rules of two-round voting.
This objection was one of the bases for Cármen Lúcia's vote, but the majority of ministers disagreed, maintaining the constitutionality of the decision.
How does the decision impact public careers?
Entering the public service under the CLT regime may attract candidates who do not prioritize stability, but rather opportunities for mobility and flexibility.
With this, the public sector can become more competitive and similar to the private sector, opening up new management possibilities.
On the other hand, reduced stability may make a public career less attractive for those seeking job security.
In any case, the STF decision changes the scenario of public service in Brazil, establishing a milestone that promises to have an impact on the way future civil servants are hired.
Although flexibility appears to modernize public management, the challenge will be to ensure that the quality and independence of public service are not compromised.
Will the loss of job security for public servants lead to greater efficiency or pose a threat to labor rights in the sector? Share your opinion!
This is an extremely worrying measure. The only guarantee that public servants can speak out against illegalities without facing the threat of dismissal is job security. With this flexibility, we are certainly opening another door to abuse of power and corruption, as it removes one of the existing barriers to such practices.