Target of criticism from the opposition and even from allies of the government, the draft amendment to the Constitution (PEC) of the administrative reform of the government should see its report presented on Monday (30) to the special commission, according to deputy Arthur Maia (DEM-BA), reporter of the dossier in collegiate church. Under the pressure of the benches and the entities which defend the interests of the various categories of civil servants, the parliamentarian must reject a series of provisions proposed by the Executive.
A total of 62 amendments to the CEP were tabled with the special committee. Of these, 17 did not reach the minimum number of signatures to be appreciated – the support of 171 parliamentarians is needed for a proposed amendment to be valid. It is up to the rapporteur to accept or not the amendments in his opinion, which is voted on by the members of the collegiate church.
Most of the proposed changes concern the stability of civil servants. Of the 45 amendments received by the special committee, 18 are related to the rule. In the text sent by the Executive, the proposal is that stability be limited only to so-called typical careers of the State – the criteria for defining these positions were to be defined in a complementary law.
MP Alice Portugal (PCdoB-BA), for example, presented an amendment proposing that all occupants with an indefinite relationship be covered by tenure. “In these positions are found the servers of education, health, social assistance, that is to say those who provide direct help to those who need public services the most,” justifies- he does.
Today, all civil servants holding public examinations gain stability after three years in office – dismissal can only take place by a final court decision or by an administrative disciplinary procedure. The Constitution provides that a civil servant can also be dismissed for poor performance, but to date there are no regulations regarding job evaluation criteria. Although this is not foreseen in the PEC, one of the objectives of the reform is also to establish these criteria in a complementary law.
Maintaining stability for all servers is also provided for in two comprehensive substitute amendments, one from the so-called Frente Servir Brasil, signed by André Figueiredo (PDT-CE), and another from the PT, signed by Rogério Correia ( MG), Rui Falcão (SP), Alencar Santana (SP), Paulo Pimenta (RS), Paulo Teixeira (SP) and João Daniel (SE).
The two proposals also intend to remove from the text the provision of the link of experience, a condition required for the acquisition of stability in the case of typical careers in the State. For the government, the measure would establish a more rigorous selection, since it would subject the public offers to an additional stage of evaluation.
“However, this new type of bond could have the opposite effect of what was intended; instead of selecting the most capable, the probationary period can lead to the subversion of the selection criteria, since candidates for posts would be subject to subjective criteria, ”argues Figueiredo.
MEPs want to define typical state careers in PEC
In other amendments, it is suggested that the PEC establish in advance which positions should be classified as typical of the state. With Paulo Ramos (PDT-RJ) and Danilo Cabral (PSB-PE), Rogério Correia and Alice Portugal sign a proposal which proposes to include in this classification the activities of “planning, evaluation, monitoring, implementation, technical assistance, supervision, audit and control, management and execution of social policies ”.
In another amendment, Danilo Cabral wants to ensure that teaching posts in basic education and public higher education are considered typical of the state, without prejudice to the provisions of the law that defines the criteria for career classification.
Lincoln Portela (PL-MG) wants to change the wording of the PEC so that only positions provided for in the Constitution are considered typical of the state, as well as those that can be established in a complementary federal law.
Sebastião Oliveira (Avante-PE) asks to be included in the classification linked to the good constitutional functioning of the legislature, the executive and the judiciary.
In a change of position, the PEC rapporteur to the committee indicated a few weeks ago that he had decided to include in his deputy the definition of typical careers of the State. After that, however, Maia reportedly agreed to maintain unrestricted stability for all officials, as the Congresso em Foco website reported last Friday (27).
Conversely, an amendment by deputy Tiago Mitraud (Novo-MG) proposes to include two other possibilities for the dismissal of an official, even if there is stability: due to the termination of the post due to obsolescence , or due to a lack of demand for the function.
According to Mitraud, who is the leader of the Parliamentary Front for Administrative Reform, the proposal follows the example of what has been worked on in other countries. “It is also highlighted the establishment already in the constitutional text that there will necessarily be compensation for the professional who is dismissed for this reason,” he underlines.
There are also amendments which intend to include in the text of the PEC guidelines for the evaluation of the performance of civil servants, which, according to the government’s proposal, would only be done in a complementary law. . Luiz Philippe d’Orléans and Bragança (PSL-SP), for example, wants to establish between the criteria of attendance and punctuality; speed and initiative; the quality and punctuality of work and productivity.
Amendments propose the inclusion of members of the legislature and the judiciary in the reform
Another major controversy in the government’s original text concerned the scope of the new rules. According to the original text, only senior executives would be affected by the reform. The military, parliamentarians, judges, judges, prosecutors and lawyers would be left behind.
There are amendments which provide for the inclusion of members of the judiciary and prosecution, in addition to those in elected office, ministers and auditors of the auditors, in the set of amendments, such as those drafted by Kim Kataguiri (DEM-SP) and on the initiative of Caroline de Toni (PSL-SC). Kataguiri suggested in another proposal the limitation of 30 days of vacation for all public officials, with the justification of guaranteeing isonomy in public administration.
Greyce Elias (Avante-MG), in turn, asks to add to the text of the reform the prohibition of compulsory retirement with proportional remuneration of members of the judiciary as a form of sanction.
MP Nicoletti (PSL-RR), on the other hand, wants to create yet another differentiated legal regime. The rules would be specific to employees of the security forces and would cover federal, highway, criminal, district and state civilians, forensic scientists, youth security guards, traffic officers, and municipal guards.
“There is no other way to consider all the peculiarities of police activity, if not to add a constitutional provision of its own, which establishes a minimum of rights and obligations, in such a way that the legislator can regulate in the future, by law, “he claims.
In recent statements, the PEC rapporteur added that it should include legislative and judicial employees in the reform, but, on the other hand, it should exclude military and police due to the different nature of functions.
The text has already undergone modifications in the Constitution and Justice Commission
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. The forecast is for public opinion to read on Monday.