Extinção do vínculo mantido com os servidores estatais

Abstract

This thesis addresses termination of the bond between the State and state public servants. It also seeks by analyzing legal writings, case law and the Brazilian legal system to assess the various events in which the bond between the State and its public servants may be severed. This work initially explains the currently existing types of State public servants, as well as the legal regimes to which they are subject, scrutinizing their formal differences. It moves on to a review of the requirements imposed on investiture in public jobs and offices, as well as the role played by the Budget Oversight Boards (Tribunais de Contas) within such context. Outsourcing of Public Administration services and the State s liability for damages caused by outsourced services (direito patrimonial) is also analyzed. The modes of termination of the bond between the State and public officials who hold offices are dealt with in a specific chapter, in which special emphasis is given to those events in which severance of the bond arises from a fault committed by the public official and to the consequences of such fact. A separate chapter is dedicated to termination of the bond between the State and public servants working under the Consolidated Labor Laws (CLT). The effects of hiring public servants that do not submit to a prior competitive examination are also discussed. Finally, this thesis analyzes the similarities and differences between the various regimes to which public servants may be subject with respect to their bond with the State