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Brazil Admission

Posted on : 22-05-2012 | By : leeDS | In : General

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However, after the Constitution of 1988, understood that the admission of used in state-owned companies, passed an initial period of jurisprudencial hesitation, must be preceded of approval in public competition. This form specific of admission of staff, procedimentalizada and tending to the guarantee of the isonomy. Of the opposite, it would be as to become rigorous the way of admission in the state ones, to prevent the pessoalidade and the compadrio, leaving a wide avenue for these vices in the way as the dismissal will be operated. On the basis of this reasoning, good part of the doctrine and the jurisprudence started to admit a guarantee against imotivadas resignations of the public officers. It is truth well that, to not being able to freely fire, the too much private companies, this equal can add some data of not state isonomy to the regimen of the competitive ones. If the celetista regimen is so fragile, better to inform to Petrobra’s, greater company of Brazil and one of the greaters of the planet, and that, until little time, it operated the public monopoly of a well mineral one whose strategical and economic interest motivated wars. Without at least entering in the quarrel concerning the capacity to exert necessities in the area of the public regulation or the exercise of the power of it polices, is evident that, if one legal regimen of staff is fragile, it will be any that is the material content of the exerted activity. In summary: we refute the consequencialista argument of the instability of regimen of staff? according to which the attribution of being able of policy to the public officers of the state-owned companies goes to generate the undesirable consequncia. What it has is, of a side, an superevaluation of the guarantees of the statutory regimen, and, of another one, a subavaliao of the guarantees of the regimen of private job as applied by the public administration of century XXI.

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