Regime jurídico do servidor público comissionado: o caso do município de Apiaí - SP

Abstract

This research is embedded in the field of Administrative Law, Constitutional Law and Labor Law, and it is the Legal Regime of Public Commissioner of the City of Apiaí. Reserve to study the Municipal Act No. 127 of 2011 in which establishes the legal regime as the Hired Under Employment Laws. This work comes to conceptualizing and differentiating position, employment and civil service as a means aimed at ensuring the rights and duties of civil servants commissioned the Municipality of Apiaí. Later versa over the distinction between statutory and Hired Under Employment Laws. In addition, there are the grounds for its legal provision, as well as the principles that guide. Within this theme, the question stands: on account of the legal framework adopted by the Municipality of Apiaí, the server occupant commissioned position is dismissed without receiving all the guarantees provided in the Consolidation of Labor Laws, as FGTS for example, well as in the case of pregnant women, who can be discharged without minimum guarantees stability provided by the CLT. Furthermore, by adopting the scheme Hired Under Employment Laws, when the commissioner is exonerated and want to pursue their rights in court if the rescues Specialized Labour, who understands not competent to judge, because it believes that it is political-administrative contract and forwards the contention for the Justice Policy. This in turn means that, as regime Hired Under Employment Laws is the responsibility of the Labour Court, and will only adjudicate cases of statutory servers. Finally, it explains itself on the characterization of office, employment and civil service.