Concurso público enquanto instrumento de exercício da cidadania: análise crítica da experiência de reestruturação das carreiras exclusivas do Estado no Fisco da Bahia

Abstract

The purpose of this paper is to identify the institution of public competition in the universe of public policies to develop the exercise of citizenship. Through bibliographical and documental research, initially the evolution of the manners of access to the administrative structure of the State and the history of public competitions in Brazil, through a critical perspective, having as reference the criteria of morality, egalitarianism, technological and scientific abilities in personnel recruitment aimed at meeting the necessities of society. Theoretical reference of the principles of the Theory of Justice by John Rawls and the basic and classical triad of citizenship by T. H. Marshall: civil rights, political rights and social rights are used for the critical analysis of the institution of competitions. Starting from the presumption that the egalitarian access to the positions and employment by the state power through public competitions is the democratic way for the citizen to interfere in the planning, execution and political control of policies aimed at meeting the needs of citizens, specially regarding entry into carriers exclusive to the State, in light of their strategic character to Public dministration. A specific case involving these specific carriers occurred in the State of Bahia is analyzed through Laws 8.210/2002 and 11.470/2009, to finally perceive that the governor cannot mitigate or transfer attributions privy to the carriers of fiscal employees to be carried out by another position, because these are constitutionally considered essential to the functioning of the State, therefore cannot be delegated, by force of art. 37, item XXII of the present Constitution. Further, said transfer of attributions, generally cloaked under carrier restructuring, hides the newest mode of patrimonialism, sidesteps the institution of public competition foreseen in art. 37, II of the Constitution and contradicts the other republican principles listed in the opening paragraph of art. 37 of the Federal Constitution of 1988. Finally, in view of this scenario, it was noted that the political participation of the citizenry and civil society, as well as of the control and jurisdictional organs in defense of public competitions, in defense of equal opportunities of access to state power and the other constitutional principles are the guiding principles of the Brazilian Public Administration.