Reforma administrativa e estabilidade do servidor público: análise da PEC n° 32/2020 à luz do princípio da proibição do retrocesso

Abstract

This work brings to light reflections on the institute of stability conferred to public servants, in the molds provided for in Law n° 8,112/90, evaluating, on the one hand, its impacts with regard to good governance, and, on the other, the possible link with the crisis in the Administrative State. Faced with the wave of public reforms experienced in recent years, producing a series of changes in our legal system, the discussion on the need for profound changes in Public Administration is resumed. Thus, this essay, making use of bibliographic studies and propositional research, questions whether proposals such as PEC n° 32/2020, by providing for measures that achieve stability, harm the principle of prohibition of social retrogression, having its affirmation as a working hypothesis, given that this institute is a fundamental guarantee essential to the functional autonomy and free performance of public agents in the career framework.