O ato administrativo de remoção do servidor público: uma análise a partir dos princípios da administração pública

Abstract

The present work, using the methodology of deductive scientific work, before the research in doctrines, legislations, jurisprudence, pertinent to the subject, has as general objective to analyze the removal of the public servant, as a discretionary administrative act, from the principles of public administration. Therefore, as specific objectives, we will seek to study the Brazilian Public Administration and its evolution; conceptualize a discretionary and binding administrative act and its elements; understand how the administrator should act in cases of removal of a public servant; highlight cases of illegal removal of public servants; verify the cases in which it is possible for the Judiciary to intervene in the review of administrative acts. This study is justified by its legal and academic relevance, since the provision of public service is present in the lives of all those administered, in this sense it is of great importance that the public administrator obeys the legal principles and commandments, to base his conduct in the ethics required of those who deal with the public purse. Thus, situations in which the removal of the server may not serve the public interest, and have ulterior motives, violate the legality of the act, which is why they must be annulled. [resumo fornecido pelo autor]