O papel da administração pública na gestão de direitos e garantias na revisão de insalubridade

Abstract

This paper analyzes the role of public administration in the management of rights and guarantees of the administered, in order to provide the full exercise of the developmental role of fundamental rights. We will analyze the Institutes of legality, self-assessment, discretion, legal security and good faith in the exercise of the administrative activity from a practical case, that is, the occurrence of unhealthy revisions within the scope of the federal executive power. Such power, if utilizing the prerogative of reviewing its acts of office, due to the convenience and opportunity, promoted a change of understanding in the cases of framework for the conversion of special time in common, as well as in the cases of special retirement. This led to a decrease in the time ofservice of federal public servants, who questioned how the fundamental right can be given to the free development of the personality, through broad and nondiscriminatory access to public policies, if the executive branch performs acts that in their essence promote the breakdown of isonomy between the servers of the same functional category. Thus, we conclude by analyzing the relations between the aforementioned revision process and the commitment of the developmental function of the citizens. Using bibliographic research, jurisprudential analysis and legislation relevant to the topic, we find that the revision procedure has severely damaged several principles of the administration, as well as the exercise of the developmental role of fundamental rights, a situation in which the judiciary has shown itself to be a great ally in the guarantee of rights to the servers.