Legalidade, necessidade e vantajosidade da admissão de servidores comissionados na administração pública municipal

Abstract

This paper intends to analyze and to explore the commissioned positions in the Municipal Public Administrations and their fulfillment, not only by the legal aspect, but mainly by the aspects of administration and the public administration. It is intended here to raise the questioning of the general population, very present in the present day, about the morality of these admissions, as opposed to the services provided by its occupants, based on the offshoot of Public Administration, Administrative Law and Constitutional Law. It is hoped, briefly and concisely, to present the definition of commissioned positions, and demonstrate its legality to then go into the administrative merit that involves the binomial necessity/advantage of filling in and use of these positions by the City Halls. In addition, there will be cases in which the Judiciary has ruled that such positions are unconstitutional and, at the same time, that the Judiciary itself relies on the filling of numerous commissioned positions. Finally, a case study will be carried out in the town of Itapevi/SP, where commissioned positions of this Municipal Administration will be analyzed, demonstrating the real necessity and advantage of completing them, and seeking the service for public interest.