Revendo a interpretação do art. 37 da Constituição Federalarranjos jurídicos em recursos humanos para a Prefeitura de São Paulo

Resumo

Through semi-structured interviews, this research seeks to map the legal arrangements that are used as formulas for obtaining and managing personnel in activities for the public sector (in this case, the direct Public Administration of São Paulo’s city). It seeks to understand whether the prevailing doctrinal reading on the public civil servants is compatible with the practical needs of the Administration. The research finds the existence of a multiplicity of legal formulas, which are used to meet the demands of public managers. In practice, they are formulas for obtaining management flexibility in comparison to a doctrinal model that favors the entry of statutory civil servants, granted with stability. The work is part of the Law and Development field by seeking to understand the Law in context, starting from an interdisciplinary approach, while encompassing knowledge of the area of public management. The hypotheses of the work indicate the practical need for public managers to adopt flexibility formulas to adapt to different circumstances, contrary to the prevailing reading of the Constitution that idealizes the statutory model and the entry of effective civil servants via public contests. After analyzing and systematizing the data collected, using the Grounded Theory, five parent categories were created, which include all the formulas indicated by the interviewees: (i) use of public civil servants in commissioned positions; (ii) alternative performance of permanent civil servants; (iii) alternative legal relationships directly between workers and the Administration; (iv) thirdparty personnel at the disposal of the Administration; (v) complete delegation of public activity for execution by private partners. Although each of these formulas has its specificities regarding the areas in which they are applied and the type of professional, whether street bureaucrat (LIPSKY, 2019) or management agent, in all of them there is some search for flexibility in human resources management. Flexibility concerning a rigid interpretation of the Constitution, mainly regarding the regime of effective civil servants. Given the data collected in this research, the doctrinal reading that idealizes the model of effective public servants is shown to be distant from reality, proposing a legal interpretation of the Constitution that is incongruous with the practice of public administration. The study opens the door to new research that seeks to deepen the mapped arrangements, understand the relationship between law and human resources management and contribute to an improvement of public human resources law.

Ficha do documento

Tipo

Dissertação

Ano

2022

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/32178

Temas

Gestão PúblicaAdministração PúblicaGestão Municipal

Palavras-chave

FlexibilityPublic servantsHuman resources managementLegal interpretationFlexibilidadeServidores públicosGestão de pessoasInterpretação doutrináriaDireitoServiço público - Administração de pessoalServidores públicos - Estatuto legal, leis, etc. - BrasilAdministração pública - São Paulo (SP)Brasil. [Constituição (1988)]