Rapporteur of the administrative reform within the special committee of the House, the deputy Arthur Maia (DEM-BA) presented this Tuesday (31) his opinion with a substitute for the draft amendment to the Constitution (PEC) sent by the government. The main change from the original text is the maintenance of stability for all civil servants in public examinations, one of the greatest demands of the deputies of the collegiate church.
In the executive’s proposal, only occupants of so-called typical state posts would have the right guaranteed from the entry into force of the new rules.
“We have drawn up a report in which any kind of dismissal will be subject, first and foremost, to a performance review,” Maia said at a press conference alongside House Speaker Arthur Lira (PP-AL ) and the chairman of the committee. PEC 32, Fernando Monteiro (PP-PE). “Stability is fully preserved, not as a civil servant’s right, but as a guarantee of society,” he added.
“A prerequisite [da PEC] was that there had been no violation of any kind of acquired right. In the midst of the discussions, the preservation of rights went further, as even the expectations of the rights of current officials are preserved. Anyone who is entitled to a certain scheme which allows access to certain subsidies or gratuities, will remain [com o direito]. “
The proposal foresees, for future employees, the extinction of advantages such as paid vacation, promotion for seniority, vacation of more than 30 days and compulsory retirement as a form of sanction. However, members of the judiciary and prosecution were not included, as requested by MPs in the amendments presented to the committee.
In recent statements, Maia even said he would include the categories in the reform. On Monday (30), the entities representing magistrates and prosecutors and prosecutors published a note repudiating the decision. according to the Association Front of the Judiciary and the Public Prosecutor’s Office (Frentas), the measure would be unconstitutional and violate the principle of the separation of powers.
The modification only concerns “the holders of elective offices, the members of the Courts and Councils of Accounts, the holders of functions and holders of posts or public functions in the direct and indirect administration of the Union, of the States, of the Federal District and Municipalities, as well as the managers of the bodies and entities that make up the respective structure.
The report will be read and discussed by the members of the special committee at a meeting scheduled for 9:30 am this Wednesday (1). There was an agreement for a request for a collective opinion, so the vote on the document will only take place in two weeks, on September 14 and 15.
Substitute provides guidelines for evaluating server performance
According to the deputy, the deputy also brings guidelines for the evaluation of the performance of civil servants, which was not envisaged in the PEC of the executive, which also left the regulation of the subject for a subsequent complementary law. . “The concern is to avoid any form of political persecution. For this, we have created elements that will necessarily be included in the assessment, ”he said.
One of the assumptions is that the process is carried out through the gov.br platform, which has already registered 110 million Brazilians. “In addition to gov.br, there is another parallel instrument, which is sougov.br, where the 600,000 public employees in Brazil are located. The evaluation will be carried out within the framework of these two platforms, which may be made available to States and municipalities. The idea is that the process is done with the participation of the user of the public service who, by accessing the system, will be able to give his opinion.
In addition, Maia proposed that the server go through six semi-annual evaluations in order to achieve stability. Under the current rules, a public official is subject to a probationary period of three years, after which he undergoes a single assessment.
In the original text of the PEC, the government proposed the creation of the so-called experience bond, an additional stage in the competition in which the selected candidate would be evaluated over a period of up to two years before being actually sworn in.
The deputy provides in the deputy, in addition to the effective link between the career civil servant and the positions in committee, the temporary contract, which will be made by simplified selection, as already happens in practice, but without clear rules, in the States and the cities .
“This will bring significant savings, because there are positions that have no reason to live with a public examination,” he said. “Today, when someone passes a public exam, he forms a bond that lasts on average 62 years with the state: the average person works 28 years, receives an average pension for 23 years, his dependent or dependent. charge receives a pension for 11 years .. This does not exist anywhere, this account does not close.
Maia included in her substitute the concept of exclusive state posts, those that cannot be filled by fixed-term contracts. Included in the classification are those “focused on final functions and directly related to public security, diplomatic representation, state intelligence, government management, public defense, public defender, budget preparation , the judicial and legislative process, the institutional performance of the prosecution service, the maintenance of fiscal and financial order or the exercise of regulatory, inspection and control activities.
Performance Management Rules for the Public Service
Another novelty introduced by the rapporteur is a performance management model for the public service, which he says has been consulted by the academy. “This management provides for the establishment of objectives to be achieved, strategies to be developed to achieve these objectives, and internal criticisms which justify the non-achievement of these objectives, if necessary,” he explained.
“Auditors themselves will be able to demand performance measures from municipal, state and federal governments. It’s innovative, something very important and which will certainly generate debate.
Journalist says government proposal contained original misunderstanding
During the vote presented in her report, Maia said that the government proposal contained “an aspect which does not seem to have merited the attention of the editors”.
“Without doubting the seriousness and the good intentions of those who worked to ensure that the administrative reform was brought to the attention of the National Congress, there was an original misunderstanding, fortunately equaled in the alternative text proposed to the noble peers”, assesses- he does.
For the deputy, the PEC sent by Planalto started from the postulate that there had to be a total rupture of the administrative system established by the Constitution of 1988..
“With the good intention of preserving acquired rights, the system provided for in the CEP would not respect any rights, because only what is taken into account is actually respected. More than ten million Brazilians, it is said, with the good intention of keeping their rights unharmed, would be placed in an unusual situation, as if they only had to wait for retirement and wait for the day when the last dinosaur would be gone. “
PEC has been in the House for a year
Submitted by the government in September 2020, the PEC for administrative reform is moving slowly through Congress. The case was not transmitted to the Committee on Constitution, Justice and Citizenship (CCJC) of the Chamber of Deputies until February, after the election of Arthur Lira (PP-AL) to the Presidency of the House.
The text spent nearly three months at the CCJC, where it underwent some modifications. The collegial rapporteur, MP Darci de Matos (PSD-SC), withdrew three points from the government’s proposal in his opinion. The first would give the President of the Republic the power to shut down, merge or transform organs by decree, without the need for approval from Congress.
Another modification makes it possible to keep free the exercise of other remunerated activities by occupants of so-called typical State positions, which would be prohibited in the government’s proposal. The third change eliminated a section of the PEC that would create eight new principles for public administration.
The opinion on the admissibility of the PEC was approved by the CCJC on May 25, during its passage in special committee. With the suspension of the Legislative, however, the proposal took another three months for the report to be presented in the specific collegiate church.
After analysis completed by the special committee, the text will go to the plenary of the Chamber, where it will be voted in two rounds. If approved, it goes to the Senate.