A regulamentação do procedimento de avaliação periódica de desempenho do servidor público estável como um efeito da aplicação do princípio da eficiência da Administração Pública

Abstract

The promulgation of Constitutional Amendment n ° 19, denominated Administrative Reform, elevated to the constitutional status the principle of efficiency, binding all the action of the Public Administration. It is important to note, however, that EC No. 19 also amended the constitutional provision that deals with the hypotheses in which the stable public servant may lose his position. Among the possibilities, the periodic evaluation of performance established in item III, of § 1 of article 41 of the country's Constitution, stands out, the objective of this paper. It is known that the principle of efficiency obliges the Public Administration and therefore public servants to carry out their functions in a fast, efficient and satisfactory manner. In any event, it is apparent that the secondary legislature took care to demand efficiency from the Public Administration through the regulation of periodic performance appraisal. The periodic evaluation of performance removes, in part, the stability of the public servant, precisely to confer the efficiency to the public service. On the other hand, it is considered that stability is ensured as an essential element of the Democratic State of Law, in order to guarantee the continuity of the public service. It is imperative to emphasize that the periodic evaluation of performance, even without the proper regulation at the federal level, was institutionalized by the administrative bodies and entities, in search of the efficiency of the public service. Thus, based on the doctrinal construction and analysis of the bills that are processed in the National Congress, this paper concluded that the loss of public service through the periodic evaluation of the performance of public servants has, as a foundation, the prompt observance of the principle of efficiency (sic).