O regime jurídico especial dos agentes públicos e a abrangência de sua obrigatoriedade constitucional

• Ano de defesa: 2017
• Autor(a) principal: Lage, Ricardo Teixeira
• Orientador(a): Zockun, Mauricio Garcia Pallares
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Servidores públicos
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/19818

This work aims to investigate the legal regime regulating the work of public agents and the reach of its imposition by the Constitution. We intend to identify the grounds based on which a special legal working regime applies to those who exercise a public function, to comprehend the reach of such regime. In our view, this proposal is relevant because of the existing duality of working regimes, and inspired by the lack of a legal norms restricting its applicability. IN our view, the broad constitutional approach to the subject requires a scientific study of these legal regimes, and the proposal of construction of a greater category, the special legal regime. To that aim, we begin with a theoretical analysis about the Rule of Law and the public interest as the cornerstone of Public Law, and also make a brief passage about the concept of system in the theory of Law, both built in chapters one and two. Afterwards, in chapter three we establish the Brazilian public agent´s constitutional profile, dealing with the legal relationship between those agents and the State, and the various concepts pertaining the matter. In this chapter, we have divided the public agents into categories, based on legal scholars’ opinions. At the end of that chapter, the study focuses on the public servant´s category. In chapter four, we studied the existing legal working regimes applicable to public agents, also based on legal scholars’ opinions. At this point, we set out our own view about the fundamentals and elements of the special legal working regime applicable to public work. At last, in chapter five, we addressed the reach of the special legal working regime and the sub-regimes provided for in the Constitution, starting with the national doctrine and the take of Brazilian Courts case law on the subject. We then define our view about the most adequate legal regime in each case, the criteria and the parameters that must guide this legal option. At the end, We presented our conclusions into 22 summarized topics